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Judges examine double jeopardy issues in child support case

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The Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.

In Felix C. Sickels v. State of Indiana, No. 20A03-1102-CR-66, the appellate court affirmed and reversed in part a case involving a northern Indiana man’s nonpayment of child support for his three children.

The non-support stems back to child support payments that Sickel didn’t make between 1997 and 1999, involving three children he and his wife had before their divorce in 1992. He lived out of state and the wife and children remained in Goshen, and Sickel was ordered to pay $118 in child support each week by a civil support order. But he didn’t pay that amount and was charged with three felony counts of non-payment in September 2001, each count alleging he accumulated an arrearage in excess of $15,000 per child.

Sickels was arrested in Michigan first in 2002 and three more times through the years, but released after Michigan authorities either didn’t notify Indiana about the arrest or he wasn’t extradited. Eventually, Sickels was brought back to Indiana in July 2010 on the felony non-support charges, and he was convicted at a bench trial, sentenced and ordered to pay more than $80,000 in unpaid support.

On appeal, Sickels argues that his conviction on three counts of non-payment involving one civil support order is a double jeopardy violation. The appellate court pointed out that Sickels is subject to the child support non-payment laws in place in the late 1990s, requiring a per-dependent arrearage of at least $10,000 to support each alleged Class C felony. Although this is an issue in a related child support payment and double jeopardy case currently before the Indiana Supreme Court in Sanjari v. State, 942 N.E.2d 134 (Ind. Ct. App. 2011), the Court of Appeals panel concluded that in the context of double jeopardy Sickels’ three convictions do not violate the same elements test of the U.S. Constitution or the Indiana Constitution’s statutory elements test.

The court affirmed Sickels’ convictions and part of his sentence, but remanded the case to the trial court with instructions to clarify the restitution order because it is inconsistent with what was said at the sentencing hearing.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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