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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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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