ILNews

Justices take case, revise sentence

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In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years.  

Michael Kucholick was convicted of Class C felony criminal recklessness and Class B misdemeanor criminal mischief for shooting twice at the home of the landlord of his girlfriend after the landlord obtained a civil judgment against her for unpaid rent. The trial court sentenced Kucholick to an enhanced term of seven years for criminal recklessness and six months for criminal mischief, to be served concurrently.

A divided Court of Appeals found Kucholick met his burden of establishing that his sentence was inappropriate and ordered it revised to two years executed in community corrections program and two years suspended to probation.

In Michael Kucholick v. State of Indiana, 12S02-1211-CR-630, Justices Robert Rucker, Steven David and Mark Massa agreed that “a modest sentence revision is warranted,” upholding the aggregate four year sentence imposed by the Court of Appeals. They found nothing particularly aggravating or mitigating on balance with regards to Kucholick’s character.

Chief Justice Brent Dickson agreed the justices should take the case, but believed the trial court’s sentence should be affirmed.  

 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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