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Justices remand burglary sentence for new hearing on restitution order

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A divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown out by the Court of Appeals because of insufficient evidence to support the amount of the award.

Chief Justice Brent Dickson dissented in a 4-1 opinion issued late Thursday in which the court also determined that restitution orders are subject to Supreme Court review and remand when evidence is lacking.

Carlin Iltzsch was convicted in Marion Superior Court of burglary, adjudicated a habitual offender, and sentenced to 22 years in prison. He also was ordered to pay restitution to the victim of $711.95 for damage to a television and destruction of an antique record collection.

Iltzsch’s attorney at first did not object to the restitution request, but subsequently did, citing his client’s insistence that he was innocent. A divided panel of the Court of Appeals vacated the restitution order because it ruled evidence was lacking. “Allowing the State to conduct a new restitution hearing and to present additional evidence concerning the loss would allow the State an inappropriate second bite at the apple,” the COA held, citing Cooper v. State, 831 N.E.2d 1247, 1253-54 (Ind. Ct. App. 2005).   

“As Judge (Mark) Bailey pointed out in his dissent, though, it appears the restitution in Cooper involved a claim for lost wages by the parents of the victim that simply were not recoverable under the statute, so there would have been no reason for remand. We do not find Cooper persuasive authority for prohibiting a remand for a restitution hearing under the circumstances of this case,” reads the per curiam opinion in Carlin Iltzsch v. State of Indiana, 49S02-1301-CR-57.  

“This case is remanded to the trial court with instructions to conduct a new restitution hearing at which the State will be permitted to present, and Iltzsch will be allowed to confront, any additional evidence supporting the victim’s property loss.”



 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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