ILNews

Justices rule on sentencing scheme

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has once again influenced the state's criminal sentencing scheme in a pair of rulings that are the latest in a post-Blakely world.

Justices issued decisions Thursday in Rosalio Pedraza v. State of Indiana, No. 49S04-0711-CR-516, and Michael Sweatt v. State of Indiana, No. 49S02-0805-CR-290, which when read together offer trial courts guidance about using a person's criminal history and enhancing penalties.

The court held that double enhancements are allowed using a single element of criminal history, but consecutive sentences can't be the result because that would be improper.

Chief Justice Randall T. Shepard authored both rulings in the cases originating in Marion County. Pedraza involves a car accident that killed two people in front of White River Gardens in Indianapolis following a wedding reception. A jury found him guilty on three counts of operating while intoxicated, one enhanced by his habitual substance offender status, and he received consecutive sentences totaling 52 years. Sweatt appealed his convictions for burglary and possession of a handgun by a serious violent felon, for which he received consecutive sentences totaling 70 years - enhanced because of his habitual offender status.

Key to both rulings are the Indiana General Assembly's statutory changes made since 2001, specifically those that came after the U.S. Supreme Court's decision in Blakely v. Washington, 542 U.S. 296 (2004), that altered the respective sentencing schemes nationally and eventually statewide. While presumptive terms were once used, the state legislature in 2005 eliminated that method for "advisory" sentences on each offense so that courts could impose any sentence within a statutory range.

"We conclude that under Indiana's new 'advisory' sentencing scheme, such use of a prior conviction does not amount to an impermissible double enhancement," Chief Justice Shepard wrote in Pedraza, the first part of the court's dual holding.

"While we conclude that the enhancements themselves were proper, it nonetheless constituted error to order Sweatt's sentences to run consecutively, creating a double enhancement similar to the one we disapproved in (a past case)," he wrote in Sweatt. "In a case where separate counts are enhanced based on the same prior felony conviction, ordering sentences to run consecutively has the same effect as if the enhancements both applied to the same count."

In a separate dissenting opinion in Sweatt, Justices Theodore Boehm and Brent Dickson disagreed that the statutes or precedent support the no-consecutive sentences aspect of the majority's opinion in that case.

"I would think the penal consequences of these crimes, if convictions were obtained, should not be driven in either direction by the joinder decision," Justice Boehm wrote.

With these rulings, both sets of convictions are affirmed, but the cases are remanded for the trial courts to resentence the men.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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