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Justices reduce sentence of man found asleep in office

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Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.

Staff at a dentist’s office found Glenn Carpenter in their waiting room and called police after they couldn’t wake him. He smelled of alcohol. The police were able to wake him up; Carpenter didn’t know how he got in the dentist’s office. Police found an unloaded handgun, marijuana, cocaine, and a crack pipe on him.

A jury found him guilty of Class B felony unlawful possession of a firearm by a serious violent felon; Carpenter pleaded guilty to the habitual offender count. He appealed his 40-year sentence – 20 years on the felony conviction and 20 years for the habitual offender finding – which a divided Indiana Court of Appeals upheld.

Addressing only his sentence in its decision July 21, the majority decided that based on Carpenter’s criminal history and the fact he pleaded guilty to the habitual offender finding, his sentence should be reduced to 20 years.

The gun Carpenter had on him was unloaded and he never threatened anyone. While he is not a model citizen and has had numerous run-ins with the law, his crimes don’t justify the 40-year sentence, wrote Chief Justice Randall T. Shepard in Glenn Carpenter v. State of Indiana, No. 49S02-1104-CR-198. The justices ordered his sentence be revised to 10 years on the Class B felony and 10 years for the habitual offender conviction.

Justice Brent Dickson dissented because Carpenter’s case was not an “exceptional or rare case justifying appellate intrusion” into a trial court’s sentence.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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