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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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