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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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