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Justices accept one criminal case

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The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.

Justices denied four appeals at a private conference last week. The court granted one case, Andres Sanchez v. State of Indiana, No. 20A04-0912-CR-720, that the Court of Appeals ruled on in a memorandum opinion in mid-June. The appellate panel affirmed the Elkhart Superior judge’s decision on three Class A felony child molesting counts and the 80-year sentence. Issues raised on appeal were whether the prosecutor’s redirect questions to the victims’ mother and closing argument comments constituted fundamental error, whether the evidence was sufficient to support one of the child molesting counts, and whether the aggregate sentence was appropriate.

The panel found that Sanchez didn’t demonstrate that the harm or potential harm done by the prosecutor’s questions or comments was substantial enough to fall within the “extremely narrow exception” of fundamental error.

While the panel affirmed the evidence sufficiency and sentence, Judge James Kirsch concurred with his colleagues on all but the 80-year sentence review, finding the penalty was inappropriate and should be vacated. His rationale was that Sanchez doesn’t appear to be the type of “worst offender” warranting a higher sentence because the facts demonstrate that jurors could have easily viewed the man’s conduct as a lesser felony of fondling.
 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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