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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. 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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