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Judges disagree on impact of caselaw

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In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.

Curtis Bethea and several other people, including a minor female, tricked their way into the home of Angela Dailey and Jason Gates. Bethea and the others then confined the victims and robbed them. The victims were also injured in the course of the robbery. Bethea was charged with nine counts, but pleaded guilty to Class B felony robbery of one victim and Class B felony confinement of the other victim.

The judge sentenced Bethea to 40 years total, citing, among other things, Bethea’s criminal past, the teen’s involvement in the crime, the injury to a victim, and prior attempts at rehabilitation had failed. He appealed, and the sentence was upheld.

Bethea filed for post-conviction relief, alleging his trial counsel was ineffective because he failed to offer evidence that would have undermined the trial court’s findings about the use of a juvenile in the commission of the crime. With regards to the appellate counsel, Bethea argued that he failed to cogently challenge the aggravating factors found by the trial court and also should have challenged the appropriateness of the sentence pursuant to Indiana Appellate Rule 7(B). The post-conviction relief petition was denied.

In Curtis A. Bethea v. State of Indiana, No. 18A05-1107-PC-416, the appellate panel agreed that Bethea’s trial counsel wasn’t ineffective, but they split with regards to the appellate counsel. Bethea had argued that the injury to the victim shouldn’t have been considered in sentencing him because that was an element of a charge that was dismissed pursuant to the plea agreement. He cited Farmer v. State, 772 N.E.2d 1025 (Ind. Ct. App. 2002), and Roney v. State, 872 N.E.2d 192 (Ind. Ct. App. 2007) – which are based on Carlson v. State, 716 N.E.2d 469 (Ind. Ct. App. 1999) – in support.

Judge Terry Crone believed Farmer and Roney stretched the rule in Carlson too far. Carlson held that when a defendant pleads guilty to a lesser-included offense, the trial court could not use the distinguishing element that would otherwise elevate the offense as an aggravating factor. Farmer extended that to hold that trial courts may not use any other facts or circumstances pertaining to charges that are dismissed pursuant to a plea agreement as aggravating factors. Roney extended this concept still further by holding that when a plea agreement is entered, the trial court cannot consider charged or uncharged criminal conduct as an aggravating factor.

“Taken to their logical conclusion, Farmer and Roney would result in prohibiting trial courts from considering conduct admitted by the defendant, conduct that was unknown to the State at the time the plea agreement was entered, or conduct that was not part of the same episode of criminal conduct. These restrictions have no basis in Indiana law,” Crone wrote.

The majority found that although the appellate counsel overlooked sentencing factors that could have been challenged as abuse of discretion or pursuant to Appellate Rule 7(B), Bethea wasn’t prejudiced.

Judge Melissa May concurred in result, in which she upheld the sentence, but she doesn’t share Crone’s position that Farmer and Roney misapplied precedent and should not be followed. Judge Elaine Brown dissented as to the effectiveness of the appellate counsel, finding Bethea met his burden on this issue and she would resentence him accordingly.

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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