ILNews

Justices: law requires courts' reasons in sentencing

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
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. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT