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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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