Justices order man to be re-sentenced

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A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.

When Clifton Mauricio murdered a man at a car wash in 1994, there were two amendments on the books involving the penalty for murder. The first amendment set a 50-year presumptive sentence with a 60-year maximum and 40-year minimum. The second amendment set a 40-year presumptive sentence with a 60-year maximum and 30-year minimum sentence. The second amendment didn’t incorporate the first one. The statue was later corrected in 1995. The Supreme Court later held that the 40-year presumptive sentence was the correct one to use.

Mauricio received a 50-year sentence for murder in which the trial judge said giving him the maximum sentence was “real tempting” and that only Mauricio’s young age was a mitigating factor. The judge ordered him committed to the Department of Correction for 50 years, “the presumptive sentence” on the murder count.

His sentence was affirmed on direct appeal and his post-conviction relief petition on the grounds of ineffective assistance of counsel was denied. The Indiana Court of Appeals allowed him to file a successive petition, which the trial court denied and the Court of Appeals affirmed.

In Clifton Mauricio v. State of Indiana, No. 02S03-1009-PC-501, the Supreme Court reversed because Mauricio’s counsel should have clearly raised his sentencing claim on direct appeal that he was sentenced under the incorrect statute.

“To be sure, it is plausible that the trial judge could have intended to sentence Mauricio to fifty years for reasons unrelated to P.L. 164-1994. From this record, however, we cannot say that the trial judge clearly intended to sentence Mauricio to fifty years as a specific term rather than as the presumptive sentence. This is sufficient to meet the Strickland test on prejudice,” wrote Chief Justice Randall T. Shepard.

The high court remanded for re-sentencing. Chief Justice Shepard noted the trial court may use its discretion to impose any appropriate sentence when it re-sentences Mauricio.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.