ILNews

Court upholds imposition of court costs

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The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.

Tim Godby was convicted of murdering Jeffery Asberry in New Castle in 1995 and sentenced to 60 years in prison for the murder. He was also ordered to pay court costs. His conviction was affirmed by the Supreme Court on direct appeal and the COA denied Godby’s petition for post-conviction relief in 2004.

His 2012 pro se motion to correct erroneous sentence makes two claims: that the trial court abused its discretion with respect to the finding of at least one aggravating circumstance, and that the court failed to fully comply with I.C. 35-38-3-2(b), which provides a list of items a sentencing judgment must include.

In Tim L. Godby v. State of Indiana, 33A01-1203-CR-128, the judges quickly dismissed his first claim because he should have addressed it on direct appeal or post-conviction relief. He may not do so now.

They found the trial court erred when imposing the court costs because it did not include in the judgment of conviction the amount of court costs, whether Godby was indigent, and the method of satisfying the court costs.

But court costs imposed in a criminal action are not part of the sentence, so his belated attempt to correct error through this motion is not proper. The Henry Circuit Court was correct in denying his motion to correct erroneous sentence, the judges ruled.

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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