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Justices: Good-time-credit amendment not retroactive

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The Indiana Supreme Court interpreted a 2010 amendment on credit time earned during placement in community corrections to only apply to those placed on home detention on or after its July 1, 2010, effective date.

Douglas Cottingham sought to receive good-time credit under Indiana Code 35-38-2.6-6 when his home detention under a community-corrections program was revoked and he was ordered to serve time in the Department of Correction. He was placed on home detention before the 2010 amendment took effect.

Before the amendment to section 6, the General Assembly expressly provided that persons placed on home detention in community-corrections programs weren’t entitled to earn good-time credit. The amendment removed language preventing someone from earning that credit.

Justice Frank Sullivan noted in the opinion released Thursday that there is a conflict in the Indiana Court of Appeals on whether the amendment is retroactive. The justices examined the amendment language and held that it only applies to people put on home detention on July 1, 2010, or later.

“By using ‘is placed’ (or by not amending that language as it existed in the prior statute), we think that the Legislature intended for this amendment to apply only to those persons who ‘are placed’ on home detention on or after the amendment’s effective date,” he wrote. “If the Legislature intended for the amendment to apply to persons who had already been placed on home detention, it would have used language to include such persons – language like ‘a person who has been placed’ or even ‘a person who is in community corrections.’"

He pointed out an offender who committed an offense before the statute’s effective date and was placed on home detention after the effective date would be eligible for good-time credit.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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