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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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