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Interstate defendant denied due process in hasty sentencing trip

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A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.

The judges remanded Nathan Carl Gilbert v. State of Indiana, 10A05-1204-CR-220, for resentencing but declined to dismiss the charges that Gilbert argued were voided under the Interstate Agreement on Detainers’ “anti-shuffling” provision. That provision requires charges be dropped if an inmate is transported to another state but a trial isn’t held before the inmate is returned to his original place of imprisonment.

Gilbert had been scheduled for sentencing in Clark Circuit Court in February 2012 and was brought to Indiana but returned to Kentucky before his sentencing hearing.

In deciding an issue of first impression, the court cited case law from states including Maryland, Massachusetts, New York and Michigan, essentially ruling that a sentencing hearing was not a trial.

“We adopt the reasoning followed by a majority of state and federal jurisdictions and hold Gilbert was no longer subject to an ‘untried indictment’ because he had pled guilty,” Judge Melissa May wrote for the court. “As the only matter left for the trial court to decide was Gilbert’s sentence, the IAD’s anti-shuffling provision was not violated when Gilbert was returned to Kentucky after his guilty plea but before sentencing.”

The court did, however, find error when the court ultimately allowed Gilbert’s sentencing hearing to proceed despite the fact that his attorney was on vacation during the 48-hour window when he was transported across state lines. Another defender was called, objected to having only a few minutes to prepare, and unsuccessfully asked the court for a continuance.

“Because Gilbert’s stay in Indiana was so short, his due process rights were violated because he did not have enough time to prepare for his sentencing hearing or to properly examine his pre-sentence investigation report. Therefore, we remand to the trial court for resentencing.”

 

 

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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

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