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Justices: law requires courts' reasons in sentencing

Michael W. Hoskins
January 1, 2007
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Trial courts must issue sentencing statements that include a detailed account of the judge's reasons for imposing penalties, such as aggravators and mitigators, the Indiana Supreme Court ruled today.

Additionally, the state's highest court has reiterated that it will only review a sentence on the grounds of abuse of discretion.

In a ruling that answers questions left open following the 2005 revision of state law regarding Indiana's sentencing structure, justices unanimously affirmed a Kosciusko Superior judge's decision in Alexander J. Anglemyer v. State of Indiana, 40S05-0606-CR-230.

"We hold that where a trial court imposes sentence for a felony offense, it is required to issue a sentencing statement that includes a reasonably detailed recitation of the trial court's reasons for the sentence imposed," Justice Robert D. Rucker wrote. "The standard of review is abuse of discretion."

Two other decisions issued today tie into the Anglemyer sentencing ruling: Morris Windhorst v. State of Indiana, 49S04-0701-CR-32, and Aaron D. McDonald v. State of Indiana, 20S03-0706-CR-252

Justice Rucker wrote all three opinions, referring to the Anglemyer decision in the Windhorst and McDonald rulings.

These cases are the latest in a growing line of litigation stemming from the United States Supreme Court's landmark 2004 ruling in Blakely v. Washington, which held that nation's sentencing structure was unconstitutional and that juries - not judges - must hear evidence before sentences can be enhanced. Indiana adopted in 2005 a similar ruling in Smylie v. State, and the legislature soon revised the law.

A portion of the law that courts have disagreed on involves the phrase, "If the court finds aggravating circumstances or mitigating circumstances," then a statement with reasons for that penalty should be imposed.

In the aftermath, the Indiana Court of Appeals has been divided on whether and to what extent trial judges are now required to make sentencing statements explaining their penalty decisions, and whether any such statements must include findings of aggravating and mitigating factors. A closely related issue has also been the scope and role of appellate review.

"This language suggests a legislative acknowledgment that a sentencing statement identifying aggravators and mitigators retains its status as an integral part of the trial court's sentencing procedure," Justice Rucker wrote in Anglemyer, noting that judges are only prohibited from finding aggravators and enhancing a sentence beyond the statutory maximum.

This case comes from Anglemyer's May 2005 arrest for beating and robbing a pizza delivery driver, and the subsequent plea agreement dictating a 16-year consecutive sentence - 10 years for the robbery and six years for battery. Anglemyer appealed on the issue of whether the maximum possible sentence imposed was inappropriate and the trial court erred in identifying and weighing aggravating and mitigating factors.

After outlining the background and history of the sentencing scheme and flood of caselaw in recent years, the justices affirmed.

The court wrote that only abuse of discretion will warrant appellate review of a sentence and outlined possible ways for that abuse to happen.

Specifically, Justice Rucker wrote the process for what the appellate review of sentences should be: trial court's entering a statement that can be reviewed on appeal for abuse of discretion, the relative weight or value of reasons found is not subject to review, and merits of a sentence can be sought elsewhere on grounds outlined in appellate rules.

"The real concern was that everything was up in the air on how you review sentences," said Indianapolis attorney Michael Limrick, who has closely been following this and related cases. "But this lays out the process and offers clarity and guidance. This is clear as can be and will be helpful to practicing attorneys."

This decision from Indiana's highest jurists comes on the heels of a ruling Thursday by the Supreme Court of the United States in Rita v. United States, which held by an 8-1 margin that a federal court of appeals may treat a sentence within the guideline range as presumptively reasonable when evaluating District Court rulings.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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