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Justices reinstate 80-year sentence

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Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.

A jury convicted Kimbrough of four Class A felony and two Class C felony child molesting charges, but merged the Class C felonies into the Class A felonies. He received an 80-year sentence. A divided Court of Appeals ordered Kimbrough’s sentence revised to an aggregate term of 40 years after finding the trial court abused its discretion.

Justice Robert Rucker noted in John Kimbrough, III v. State of Indiana, 45S04-1212-CR-687, that the high court disagreed with the appellate judges for several reasons.

“First, it is certainly true that a trial court may abuse its discretion where the sentencing statement omits reasons that are clearly supported by the record and advanced for consideration,” he wrote. “But in this case the trial court’s sentencing statement did not omit consideration of Kimbrough’s lack of a criminal history.”

“Second, by describing Kimbrough’s lack of criminal history as a ‘substantial mitigating factor,’ and remanding this case with instructions to impose a reduced sentence, the Court of Appeals majority implicitly suggested the trial court should have given greater weight to this factor,” he continued.

“In summary, because the trial court correctly entered its sentencing statement in compliance with the dictates of Anglemyer and because the ‘appropriateness’ of a sentence has no bearing on whether a sentence is erroneous, the trial court did not abuse its discretion in imposing Kimbrough’s sentence. Further, Kimbrough did not seek review and revision of his sentence under Indiana Appellate Rule (7)(B).”

 

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  • Tyranny is upon us!
    If a court of appeals reduces a sentence the supreme court has no right to overule that court except to reduce the sentence even more! Courts seem to think they can rule on any matter any way they choose as it suits them irregardless of constitutional law!

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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