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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT