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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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  3. 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

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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