ILNews

Justices rule vehicular flight from police is 'violent' felony

Back to TopCommentsE-mailPrintBookmark and Share

The nation’s highest court affirmed an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.

On June 9, the Supreme Court of the United States issued a decision in Sykes v. United States, No. 09-11311, ruling 6-3 that vehicular fleeing warrants an enhanced criminal sentence for habitual offenders pursuant to the federal Armed Career Criminal Act.

This ruling was one of the latest in a series in recent years that has addressed the scope of this federal act and focused on what is considered “violent.” Attorneys say the holding is likely going to impact several pending cases throughout the nation, including at the 7th Circuit Court of Appeals.

Marcus Sykes pleaded guilty in 2008 to being a felon in possession of a firearm after he’d been arrested for brandishing a gun while attempting to rob two people sitting in a parked car outside an Indianapolis liquor store. Though Sykes didn’t follow through on his robbery attempt, police saw him toss the gun aside and arrested him. The probation office issued a pre-sentence report concluding that he was subject to a sentencing enhancement under the ACCA because of three previous violent felony convictions – two 1996 convictions for robbery and one in 2003 for resisting law enforcement in a vehicle, a Class D felony under state statute. Sykes objected to the sentence enhancement on grounds that his conviction for resisting law enforcement was not considered a violent felony under Indiana Code 35-44-3-3(b)(1)(A).

U.S. Judge Larry McKinney in the Southern District of Indiana rejected Sykes’ argument and applied the enhancement, resulting in a 188-month prison sentence. The 7th Circuit Court of Appeals affirmed.

Six of the nation’s top jurists agreed, finding the crime was violent. Justice Anthony Kennedy wrote for the majority, which included Chief Justice John Roberts and Justices Stephen Breyer, Samuel Alito, and Sonia Sotomayor. Justice Clarence Thomas concurred with the result in his own opinion, but Justices Antonin Scalia, Elena Kagan, and Ruth Bader Ginsburg dissented.

In the 12-page majority opinion, the justices backed away from a test created in a 2008 case calling for judges to determine whether a crime is “purposeful, violent, and aggressive” when considering whether it is a violent felony eligible for the ACCA. Instead, the court looked at the particular facts of this case and statistical information about vehicular flight that were not included in the District or appellate records by the government.

“Congress chose to frame ACCA in general and qualitative, rather than encyclopedic terms,” Justice Kennedy wrote. “It could have defined violent felonies by compiling a list of specific covered offenses. Congress instead stated a normative principle. Although this approach may at times be more difficult for courts to implement, it is within congressional power to enact.”

But Justice Scalia wrote a dissenting opinion that criticizes the ruling as well as Congress for “shoddy draftsmanship” of the ACCA. He wrote that the majority’s holding “will sow further confusion” because it moves away from precedent on the “purposeful, violent, and aggressive” test and instead narrows the application to “strict liability, negligence, and recklessness crimes.”

“We face a Congress that puts forth an ever-increasing volume of laws in general, and of criminal laws in particular,” the dissent says. “It should be no surprise that as the volume increases, so do the number of imprecise laws. And no surprise that our indulgence of imprecisions that violate the Constitution encourages imprecisions that violate the Constitution. Fuzzy, leave-the-details-to-be-sorted-out-by-the-courts legislation is attractive to the Congressman who wants credit for addressing a national problem but does not have the time (or perhaps the votes) to grapple with the nitty-gritty. In the field of criminal law, at least, it is time to call a halt. I do not think it would be a radical step – indeed, I think it would be highly responsible – to limit ACCA to the named violent crimes. Congress can quickly add what it wishes. Because the majority prefers to let vagueness reign, I respectfully dissent.”

Justices Kagan and Ginsburg also joined in a separate dissent, saying that they would have deferred to what the Indiana Legislature intended when it distinguished between the various vehicular flight types outlined in sentencing statute.

Some attorneys predict this latest ruling will lead to more confusion for the practicing bar and the judges who must decide these issues.

Brian Paul with Ice Miller in Indianapolis expects he will lose one case already pending before the 7th Circuit, as it deals with the same issue and the appellate Circuit will likely be bound by what the SCOTUS has ruled.

“They’ll have to reject our argument and we’re going to lose at that level,” he said. “But what this means for the future is difficult to tell. This just doesn’t advance the ball in terms of analysis of the Armed Career Criminal Act. We’ll continue to get cases dealing with different crimes where the court must decide each one, and the problem is that each time it will have to be considered individually by the court rather than there being any guidance or standard.”•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT