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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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