Judges disagree as how to review sentence

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A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.

In T. L. Brandon Hollar v. State of Indiana, No. 43A05-0906-CR-319, Judges L. Mark Bailey and Cale Bradford relied on Jenkins v. State, 909 N.E.2d 1080 (Ind. Ct. App. 2009), to determine T. L. Brandon Hollar's sentence of three years in prison with two years suspended wasn't inappropriate. Hollar pro se pleaded guilty to Class D felony nonsupport of a dependent child and argued on appeal that he received the maximum sentence despite the two years being suspended to probation. He wanted the Court of Appeals to revise it through Indiana Appellate Rule 7(B).

The split Jenkins court concluded that in analyzing whether a sentence is inappropriate under Rule 7(B), anything less than a fully executed sentence of the maximum length doesn't constitute a maximum sentence. It also ruled that it's not realistic to consider a year of probation, a year in community corrections, and a year in prison as equivalent.

The majority looked at whether Hollar's sentence was composed of executed imprisonment time, in whole or in part, or included any alternatives to incarceration while performing the 7(B) analysis. It determined based on the nature of the offense and Hollar's character, he hadn't persuaded the appellate court that his sentence was inappropriate.

Judge Nancy Vaidik agreed with the result of the majority's ruling, but believed the court should use a different approach in evaluating sentences. She referred to Mask v. State, 829 N.E.2d 932, 935-36 (Ind. 2005).

"A probationary term poses the very 'real possibility' that a defendant will have to serve his suspended sentence," she wrote. "Whether or not this is within the control of the defendant, I find it unrealistic to ignore the suspended portions of a sentence and review only those portions ordered executed."

Her main concern was if the appellate court declines to review the totality of a potential sentence on direct appeal, the defendant would have no other opportunity to challenge the appropriateness of the sentence should probation be revoked. She declined to follow Jenkins and instead would review the entirety of Hollar's suspended and executed sentences for inappropriateness. She also concluded based on his character and the circumstances of the case, his sentence is appropriate.


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  1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well