ILNews

Court revises sentence to fix double jeopardy issue

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Appellate courts must frequently address claims from convicted criminals that counsel was ineffective, sentences are unreasonable, or that the charges violate double jeopardy.

Rarely does the state concede that convictions violate double jeopardy principles, as happened in a case decided Tuesday by the Indiana Supreme Court.

In Chad E. Strong v. State of Indiana, No. 20S03-0612-CR-529, the Indiana Attorney General's Office acknowledged the defendant's claim that two convictions - one for murder and another for neglect of a dependent resulting in the same child's death - violate the hallmark legal principle preventing a person from being charged twice for the same offense.

Strong was convicted of murder in the death of his girlfriend's 3-year-old daughter and also of a Class A felony of neglect of a dependent in connection with the child's death. He received consecutive terms of 65 years for murder and 55 years for the neglect felony. On direct appeal he raised issues of prosecutorial misconduct, evidence admission, sentence appropriateness, and double jeopardy. The Court of Appeals rejected all the claims except the last, remanding with instruction to reduce the conviction to a lower Class B felony and impose 20 years consecutive to the murder sentence. Strong argued this doesn't cure the double jeopardy problem, while the state disagreed.

"Such a recharacterization of the charges, however, does not eliminate the fact that both charged offenses would still be based on the same bodily injury," Justice Brent Dickson wrote in the unanimous four-page opinion. "Only when deemed a Class D offense, which does not include any element of bodily injury, does the conviction of neglect of a dependent satisfy the common law/statutory construction aspect of Indiana's double jeopardy jurisprudence."

The high court affirmed the murder conviction and sentence, but remanded to the trial court with instructions to reduce the conviction from a Class A to a D felony and revise the sentence to three years served consecutive to the murder sentence.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT