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Justices: sentence shouldn't have been upped on appeal

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The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.

The justices summarily affirmed the Indiana Court of Appeals ruling affirming the admission of pornographic materials and the admission of evidence of Jeffrey Akard’s silence after his arrest but before being read his rights.

Akard was convicted of two counts of Class A felony rape, one count of Class B felony rape, two counts of Class A felony criminal deviate conduct, one count of Class B felony criminal deviate conduct, two counts of Class B felony criminal confinement, and two counts of Class C felony battery for committing a series of violent sexual crimes against an adult woman over several hours.

The trial court sentenced him to an aggregate term of 93 years, accepting the state’s recommended sentence. The trial court ordered the sentences for each count within the group of like offenses to be served concurrently but served consecutively to each of the other groups.

On appeal before the Court of Appeals, the judges decided to increase his sentence because of the heinous, violent acts he committed against the victim. They upheld their decision on rehearing. It was noted at oral arguments before the Indiana Supreme Court on this case that the increase was the first time the Court of Appeals has increased a sentence on appeal. The justices established a standard for sentence revisions in McCullough v. State, 900 N.E.2d 745, 746 (Ind. 2009).

Even though an appellate court has the ability to affirm, reduce or increase a sentence on appeal, the justices concluded that Akard’s original sentence should remain, with one minor change. His sentence on the battery charges should have been two years each, instead of one year, so correcting this increases Akard’s aggregate sentence to 94 years.

“Although the defendant's raising of sentence reasonableness on appeal authorizes appellate consideration of whether the assigned sentence is inappropriately stern or lenient, we decline to increase the sentence here, particularly in the context of the State's request for no greater sentence at trial and its assertion on appeal that such is an appropriate sentence. These are strong indicators that the trial court sentence is not inappropriately lenient,” wrote Justice Brent Dickson in Jeffrey E. Akard v. State of Indiana, No. 79S02-1009-CR-478.  

The case was remanded for sentence modification.
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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