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High court takes sentence-review case

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The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.

The Indiana Supreme Court granted transfer to Desmond Davidson v. State of Indiana, No. 49S02-1001-CR-41, in which Desmond Davidson appealed his advisory 545-day sentence -180 days executed and 365 days suspended to probation.

The Court of Appeals has been unable to reach a unanimous agreement on this issue: some judges believed suspended sentences ought to be treated no differently from executed sentences for purposes of appellate review. Others believed a sentence is not a "maximum" one, even if it equals the maximum time allowed by statute if part of that time is suspended.

In Davidson, the Court of Appeals held that in the appellate review of sentencing decisions, the court wouldn't just look at the number of years of the sentence but would look at the total sentence imposed. The appellate court upheld Davidson's sentence.

Judge Michael Barnes concurred in result in a separate opinion because he believed the majority opinion and Jenkins v. State, 909 N.E.2d 1080, 1085-86 (Ind. Ct. App. 2009), which the majority opinion relied on, are inconsistent with Mask v. State, 829 N.E.2d 932 (Ind. 2005). Jenkins held that a maximum sentence is not just a sentence of maximum length but a fully executed sentence of maximum length.

Judge Barnes wrote he would review Davidson's sentence as the 545-day sentence because it's his one chance for full appellate review of the 545-day sentence. He also wrote the trial court didn't abuse its discretion in sentencing him.

The justices denied transfer to Jenkins in October.

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

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  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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