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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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