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Judges amend man’s convictions due to double jeopardy violations

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Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.

In Shiloh Jones v. State of Indiana, 49A04-1202-CR-74, Shiloh Jones appealed his convictions of Class D felonies domestic battery and criminal confinement, and Class A misdemeanors domestic battery and battery, as well as his 730-day sentence in the Department of Correction. The charges stem from a four-hour incident involving Jones and his girlfriend where he slapped and bit her, choked her, poured baby formula on her face and did not allow her to leave the home. Their two infant children were home at the time.

Jones was initially sentenced by Marion Superior Commissioner John Boyce, who presided over the trial, to two years on each felony count and one year on each misdemeanor count, with all sentences served concurrently. He was to serve one year in the DOC, six months on community corrections and six months on probation. But the court had to address a probation violation from a previous conviction, which led to Marion Superior Judge Barbara Collins resentencing Jones to the same length of sentence – 730 days, but all executed in the DOC.

The Court of Appeals reversed Jones’ misdemeanor battery and domestic battery convictions because the state used the same general terms to charge him with the three counts. The judges ordered the misdemeanor convictions and sentence vacated. They did not find, as Jones had argued, any double jeopardy violations regarding his criminal confinement conviction.

Jones argued that fundamental error occurred when Collins resentenced him and based on comments the prosecutor made saying that the girlfriend was telling the truth about the domestic battery incident. Collins did not increase Jones’ original sentence, but only required he serve its entirety in the DOC instead of having some probation or community corrections. This does not constitute fundamental error, Judge James Kirsch wrote, as the grant of probation is a favor and not a right.

With regards to the prosecutor’s statements, the appellate judges pointed out that Jones’ defense strategy was to challenge his girlfriend’s testimony was truthful. The woman’s credibility was at issue and both sides had their say on the matter, so the prosecutor’s statements did not place Jones in a position of grave peril nor deny him a fair trial, the judges held.

 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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