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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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