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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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