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Justices leave man’s life sentence intact

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The Indiana Supreme Court Wednesday upheld a Lake County man’s sentence of life in prison without parole for the murder of a co-worker during a robbery. Ronnie Jamel Rice claimed the trial court improperly relied on non-statutory aggravators when imposing his sentence.

Lake Superior Judge Diane Ross Boswell imposed the sentence after Rice pleaded guilty to murder, murder in the perpetration of a robbery and robbery. He appealed directly to the Supreme Court, which ordered Boswell to revise the sentencing order to comport with prior caselaw and clarify whether she relied on non-capital aggravators when imposing the sentence.

Boswell issued a revised sentence order of life without parole in March 2013, leading to this appeal.

Rice claimed the revised sentencing order is also deficient because the same factors impermissibly relied upon in the original order are also in the revised order. He argued the factors – the nature of the offense, the totality of the circumstances, and the character assessment of Rice – were merely cut from the section in the first order labeled “Aggravating Circumstances” and pasted into the section labeled “Mitigators” in the subsequent order, where Rice said they serve as “mitigation-neutralizers.”

The main issue before the justices was whether the extraneous language from Finding 7 of the revised order is an evaluation and balancing of the mitigating and aggravating circumstances in determination of the sentence as required by Harrison v. State, 644 N.E.2d 1243, 1262 (Ind. 1995),  or if it describes impermissible non-statutory aggravators.

“In this case, we believe the trial court did not use non-statutory aggravators. The language Rice challenges, rather than providing reasons to improperly increase Rice’s sentence, demonstrates the trial judge’s thought process as she evaluated and balanced the mitigating factors against the lone aggravating factor. It was the trial judge’s attempt at a reasonably detailed recitation of her reasons for imposing a sentence,” Justice Mark Massa wrote in Ronnie Jamel Rice v. State of Indiana, 45S00-1206-CR-343.  

Rice also asked the court to revise his sentence to a term of years, but the justices declined as they were not convinced that either the brutal nature of the attack on Rice’s co-worker or Rice’s character warrants a revision.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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