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Justices order modification of sentence of convicted child caseworker to comply with plea agreement

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A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.

In an order published Dec. 13 and posted on the court’s website on Monday, justices unanimously remanded Cory Heinzman v. State of Indiana, 29S02-1212-CR-678, to Hamilton Superior Court. That court had sentenced Heinzman to three years executed on a conviction of Class D felony sexual battery for an Elkhart County crime to be served concurrently with a 24-year sentence imposed after a jury convicted him of 16 counts, including official misconduct and various sexual offenses involving minors.

The Indiana Court of Appeals noted that entering the executed sentence was error, but that it was harmless because the sentences were to run concurrently. “We agree with the first issue in Heinzman’s transfer petition that the case should have been remanded for resentencing consistent with the plea agreement,” Chief Justice Brent Dickson wrote for the court.

“The case is remanded to the Hamilton Superior Court with instructions to impose sentence in cause number 20D02-0805-FC-46 consistent with the terms of the plea agreement. In all other respects, the decision of the Court of Appeals is summarily affirmed.”    




 

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  • Absurd
    So, now case workers can get a smack on the hand for molesting a child. Absurd, unreal

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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