Christina Kovats v. State of Indiana - 1/16/13

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Wednesday  January 16, 2013 
1:30 PM  EST

1:30 p.m. 15A01-1205-CR-224. Union County High School, Liberty. Christina M. Kovats was a home healthcare nurse hired to look after 98-year-old N.C., who had recently suffered from a stroke.  On the evening of October 28, 2011, Kovats was driving N.C. home from a weekly social event N.C. liked to attend when she stopped to fuel her car.  Kovats then drove off from the gas station without paying for gasoline, and subsequently fled from an Indiana State Police Trooper who tried to stop her for her theft of the gasoline.  After reaching speeds exceeding 100 miles per hour, Kovats lost control of her car. N.C. was seriously injured in the wreck, had to be cut from the car, suffered severe pain, and died six weeks later. At the time of the incident, Kovats tested positive for oxymorphone, a drug more potent than morphine or heroin.
The State charged Kovats with Class B felony neglect of a dependent, Class D felony operating a vehicle while intoxicated, Class D felony resisting law enforcement, and Class D felony criminal recklessness.  Following a four-day jury trial, Kovats was found guilty as charged.  The trial court entered judgment of conviction on the jury verdicts, but at the sentencing hearing “merged” the Class D felony convictions into the conviction for Class B felony neglect of a dependent and sentenced Kovats to twenty years of incarceration on the Class B felony only.  


On appeal, Kovats claims that: (1) the trial court abused its discretion by considering as an aggravating factor that N.C. died six weeks after she sustained her injuries, (2) her twenty-year sentence is inappropriate in light of the nature of the offense and the character of the offender, and (3) the trial court should have vacated the judgments of conviction entered on the merged counts.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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