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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...