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Justices reduce molester's sentence to 110 years

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The Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.

In the 5-page unanimous opinion in Randy Horton v. State of Indiana, No. 48S04-1106-CR-386, the justices summarily affirmed the Indiana Court of Appeals decision to uphold Randy Horton’s convictions of six counts of Class A felony child molesting and three counts as Class C felonies. The convictions stem from his repeated abuse of his girlfriend’s 7-year-old daughter while her mother slept. The abuse damaged her bowels and led to her contracting two types of herpes.

The high court took Horton’s case to address his sentencing claims. Horton was sentenced to the maximum of 50 years on the Class A felony counts and eight years on the Class C felony counts, which were imposed consecutively.

“Like the prosecutor, the trial court judge, and the judges on the Court of Appeals, our heart goes out to the innocent child who was a victim of Horton’s crimes,” wrote Justice Frank Sullivan.

The justices agreed that Horton’s sentence should be enhanced above the advisory level because of the abuse of trust caused by the molestations, as well as the frequency of the acts. They also cited that he should receive credit for his lack of adult criminal history.

Citing Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008), the justices reduced his sentence to a total of 110 years. They supported the enhancement of one Class A felony conviction to 50 years, but revised his remaining Class A felonies to the 30-year advisory term. The Class C felonies were also reduced to their advisory term of four years. The sentences on three of the Class A felonies will be served consecutively to make the 110-year sentence, with the rest of the sentences being served concurrently.

The justices ordered the trial court to issue an amended sentencing order and issue or make any other documents or docket entries necessary to impose a revised sentence consistent with the opinion.
 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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