ILNews

Justices disagree on revising man's sentence

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrint
The Indiana Supreme Court used a man's appeal of his sentence for neglect of a dependent to examine how appellate courts review sentences; the court remanded the case so the man's sentence could be reduced.

In Rudy Wayne Cardwell v. State of Indiana, No. 10S05-0811-CR-588, the justices reviewed their decision in Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007), in terms of appellate review of sentencing. The court unanimously agreed that assigning relative weights to properly found facts can often present issues that don't have right or wrong answers, wrote Justice Theodore Boehm. The justices also determined that ultimately the length of the aggregate sentence and how long it's served are the issues that matter in reviewing sentences. Appellate review should identify some guiding principles for trial courts and those charged with improving the sentencing statutes, wrote Justice Boehm, but review's principal role isn't to achieve a perceived "correct" result in each case.

With that review and explanation of appellate review of sentencing, four of the justices remanded Rudy Wayne Cardwell's case to the trial court to reduce his sentence. Cardwell received an aggregate term of 34 years for convictions of two counts of neglect of a dependent for burning his girlfriend's 3-year-old daughter's hands with hot water and then not immediately seeking medical attention for her burns.

The majority recommended a sentence of an aggregate term of 17 years after reviewing the evidence and the 18-month sentence his girlfriend, Star Gentry, received for her conviction of neglect of a dependent for failing to get prompt medical attention for her daughter.

"Finally, although Cardwell's sentence is not required to be compared to Gentry's, Cardwell's behavior as to the second count was substantially the same, or even less culpable than Gentry's," wrote Justice Boehm. "... But the disparity between Cardwell's aggregate 34-year sentence and Gentry's 1 1/2 years is stark."

Justice Brent Dickson dissented from the majority in revising Cardwell's sentence, noting the state didn't file identical charges against Gentry and Cardwell and that the jury convicted Gentry of a lesser offense. The jury found Cardwell guilty on both of the charges filed by the state and the trial court determined the appropriate sentence to be 17 years on each count, served consecutively.

Justice Dickson wrote the majority's decision to reduce Cardwell's sentence is greatly influenced by the disparity between his sentence and Gentry's. The justice also wrote that appellate review of a sentence - especially after a judge provides a thoughtful and detailed sentencing evaluation, which happened in this case - may serve as a disincentive to cautious and measured fashioning of sentences by trial judges.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT