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Justices to take up partial consecutive sentence case

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Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.

Justices agreed to hear Bryant E. Wilson v. State of Indiana, 27S02-1309-CR-584, in which the defendant 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 appeals panel affirmed the sentence from Grant Circuit Court. The majority found the sentence was not erroneous on its face, but Chief Judge Margret Robb dissented, finding partial consecutive sentences are not explicitly allowed by statute.

Justices added three more cases to the docket last week:

State of Indiana v. I.T., 20S03-1309-JV-583, an Elkhart County case in which the Court of Appeals determined the state has no authority to appeal a juvenile court’s decision to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.

In the Matter of: S.D. (Minor Child), Child in Need of Services, and J.B. (Mother) v. The Indiana Department of Child Services, 49S05-1309-JC-585, a not-for-publication Marion Superior ruling in which an appeals panel unanimously affirmed a CHINS determination in which the mother challenged sufficiency of evidence and whether the court properly ordered her to participate in home-based counseling.

Kenyatta Erkins and Ugbe Ojile v. State of Indiana, 58A01-1205-CR-215, affirming an Ohio Circuit conviction of Class A felony conspiracy to commit robbery resulting in serious bodily over arguments that the would-be victim was not harmed.

All the cases the justices accepted for the week ending Sept. 6 were granted transfer unanimously. The court rejected 21 appeals. Transfer disposition lists may be viewed here.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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