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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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