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Justices seek amicus briefs in partial consecutive sentence case

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The Indiana Supreme Court wants to hear from the legal community: Are partial consecutive sentences allowable?

The court posted an order dated Sept. 9 in which it made an appeal for amicus briefs as it considers an appeal filed by a pro se litigant. The case is Bryant E. Wilson v. State of Indiana, 27S02-1309-CR-584. Parties interested in submitting an amicus brief should enter an appearance in the case by Friday, the order says.

Wilson was convicted of Class A felony charges of rape and criminal deviate conduct and Class B felony robbery. He was sentenced to an aggregate executed prison term of 50 years – concurrent 45-year terms for the Class A felonies, plus 20 years for the Class B felony, with five years of that sentence to be served consecutive to the 45-year term. A divided panel of the Court of Appeals affirmed the ruling out of Grant Superior Court.

The decision focused on the legality of partial consecutive sentences. “The Supreme Court is interested in receiving additional briefing on the issue of whether the imposition of a partially consecutive sentence is error,” Chief Justice Brent Dickson wrote in the order.

The order directs the public defender of Indiana to file a brief no later than Oct. 21, the deadline for other amici to file. The state response is due by Nov. 27, as is Wilson’s supplemental brief.

Recipients of the notice also included the Indiana Public Defender Council, Indiana Prosecuting Attorneys Council, Indiana Judicial Center and the Indiana State Bar Association. “Those entities are encouraged to distribute a copy of this order to others as they see fit,” Dickson wrote.

 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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