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Judges split on sentence reduction

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An Indiana Court of Appeals panel was split in determining how much weight to give to a defendant's mental illness in evaluating her sentence.

In Anna Westlake v. State of Indiana, No. 79A04-0803-CR-138, Anna Westlake appealed her 14-year aggregate sentence in the Department of Correction following a guilty plea to Class B felony dealing in cocaine and Class C felony neglect of a dependent. Her 6-year-old son was tested and found to have traces of drugs in his system.

Chief Judge John Baker and Judge Paul Mathias considered Westlake's demonstrated character as crucial to their review of her sentence. She immediately cooperated with police when arrested and showed them where she kept the drugs in her home, she was employed full time while in a pre-conviction release program, participated in outpatient drug treatment programs, and enrolled in parenting classes. Westlake also was diagnosed with and treated for bipolar disorder.

The majority also considered that after she was diagnosed, she was successful in the pre-conviction release program and that the trial court found she was guilty but mentally ill.

"The trial court's further recognition of her need for continued treatment and the effect that the diagnosis and treatment of her bipolar disorder have had on her personal life are also quite important," wrote Judge Mathias.

And although her offenses were serious, they weren't a continuation of a related criminal history and her character is "unusually and extraordinarily mitigating," wrote the judge.

The majority reduced her sentence to seven years imprisonment: two years suspended, one year to supervised probation, one to unsupervised probation with credit for time already served, and the executed portion of the sentence to be served in the Tippecanoe County Community Corrections program.

But Judge Elaine Brown dissented, concluding the majority placed significant emphasis on Westlake's mental illness and progress during her pre-conviction release program, and failed to give due consideration to the trial court's decision. Citing Weeks v. State, 697 N.E.2d 28, 30 (Ind. 1998), Judge Brown wrote there was no evidence presented at sentencing regarding any of the Weeks factors.

"...I believe that the trial court took Westlake's mental illness, progress in treatment, and success in the pre-conviction release program into account by imposing the advisory sentences. At most, I could recommend concurrent rather than consecutive sentences for her offenses," wrote Judge Brown.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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