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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. 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.

  4. 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.

  5. 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!

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