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Judges affirm recommitment to DOC

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Ruling on a matter having no cases directly on point, the Indiana Court of Appeals held a trial court had personal jurisdiction over the defendant when it reordered him back to the Indiana Department of Corrections several years after discovering he was released prematurely.

In October 2010, the Delaware Circuit Court held a hearing on whether Eddie Vance Jr. had served his sentence relating to a plea bargain he made in October 2006 regarding a drug charge. His plea agreement required him to serve four years in the DOC, and that sentence was to be served consecutively to any sentence imposed in a separate case for his violation of probation because of the drug charge.

Vance served his revoked sentence in the probation violation case, but he never served his sentence under the drug plea and was released by the DOC to parole in 2007. After his release, he had other run-ins with the law which led to the discovery that Vance had not served his four-year sentence on the drug charge.

At the October 2010 hearing on the matter, Vance testified he told prison officials at the DOC that they were releasing him before he served the sentence on the drug charge and that his case manager told him the sentencing order on that charge wasn’t on file with the DOC. The trial judge found Vance didn’t serve his sentence on the drug charge and ordered him to the custody of the DOC to serve the four-year sentence imposed in 2006.

In Eddie Vance, Jr. v. State of Indiana, No. 18A04-1011-CR-701, Vance claimed the trial court didn’t have personal jurisdiction to order him to serve the four-year sentence after the DOC released him. The judges found he waived this argument on appeal, but the argument would fail regardless. The judges looked to Kindred v. State, 362 N.E.2d 168, 169 (Ind. Ct. App. 1977), and Woods v. State, 583 N.E.2d 1211 (Ind. 1992), to determine whether the trial court had personal jurisdiction over him.

They found Kindred and Woods to be distinguishable because Vance didn’t “surrender” himself as the defendant in Kindred did and he never contacted the trial court directly to inform it of his release. Unlike the defendant in Woods, who lived a law-abiding life while awaiting resolution of his case, Vance committed other crimes after his mistaken release from the DOC, wrote Judge Patricia Riley.
 
“Allowing Vance to be discharged now from the DOC or be credited with time against his sentence would create a windfall of a sentence shorter than the one he had bargained for under his plea agreement,” she wrote.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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