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Judges affirm sentence for man who questions constitutionality of Indiana Code

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A man’s criminal actions that resulted in a two-year sentence were not part of a single episode of criminal conduct, and therefore, his claim that his sentence was unconstitutional is without merit.

In Kenneth Akers v. State of Indiana, No. 49A05-1106-CR-313, Kenneth Akers appealed his sentence, following his convictions of battery, resisting law enforcement and possession of paraphernalia, all Class A misdemeanors. The trial court sentenced Akers to one year in prison for each conviction, but ordered the battery and resisting sentences to be served concurrently, and consecutive to the possession sentence, for an aggregate sentence of two years.

Akers raised one question for review: whether Indiana Code 35-50-1-2 violates the Equal Protection Clause of the United States Constitution or Article 1, Section 23 of the Indiana Constitution because the statute limits the imposition of consecutive sentences when someone is convicted of at least one felony, but no such statute exists limiting the imposition of consecutive sentences for those convicted of only misdemeanors.

Akers’ convictions arose from a series of events, beginning when he and another man pushed an elderly man into a ditch. The elderly man’s money was missing after the assault, but Akers wasn’t convicted of attempted robbery. A police officer who saw the men pursued Akers. Akers ran, and when apprehended by police, he had a small bag of marijuana at his feet and rolling papers in his wallet.

The Indiana Court of Appeals held that Akers’ actions do not constitute a single episode of criminal conduct, so he does not have standing to challenge Indiana Code 35-50-1-2, because the statute would not apply to him even if it applied generally to defendants convicted of only misdemeanors. The COA therefore affirmed the trial court.


 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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