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Credit-time statute amendment not retroactive

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An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.

Mario Brown was in community corrections in Marion County after pleading guilty to Class C felony operating a motor vehicle after license forfeited for life in 2009. At that time, Indiana Code Section 35-38-2.6-6 explicitly excluded those serving out sentences on home detention from receiving credit time. A 2010 amendment to the statute lifted that restriction.

Brown admitted to violating the rules of his placement in July 2010 and was ordered to serve the balance of his original three-year sentence in the Department of Correction. He received no credit time for this period, which he argued he should based on the amended version of I.C. Section 35-38-2.6-6. He claimed the amendment was retroactive and denying him the credit-time eligibility violates his rights to Equal Protection.

The Court of Appeals judges disagreed with Brown in Mario Brown v. State of Indiana, No. 49A02-1008-CR-905, finding the statute in question isn’t remedial in nature. The 2010 amendment didn’t seek to remedy a defect or clarify an ambiguous statute, wrote Judge L. Mark Bailey. He also noted reading the statute retroactively would yield a result which the court presumes the Legislature didn’t intend. The judges doubted that the General Assembly would allow for, essentially, the post-hoc halving of sentences without at least some indication that it was intentionally pursuing such an end.

The Court of Appeals also rejected Brown’s argument that not retroactively applying the statute to him deprives him of Equal Protection. The judges found the state’s avoidance of the administrative burden of recalculating sentences to be a legitimate government interest. The state also has a legitimate interest in protecting the integrity of sentences already imposed, wrote Judge Bailey.
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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