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Man's murder sentence upheld in abduction slaying

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A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.

In Delmas Sexton II v. State of Indiana, No. 02A03-1110-CR-465, Sexton argued that the trial court abused its discretion in sentencing him when it found as an aggravating circumstance the fact that as a multiple-conviction felon, he was unlawfully possessing the gun he used to kill his victim.

The court also rejected Sexton’s claim that the Allen Superior Court sentence was improper because its consideration of his criminal past resulted in double jeopardy.

In March 2009, Sexton went to the home of Donald McKee, ordered him at gunpoint to write checks, then bound him with duct tape, covered his head and forced him into a truck. According to court documents, Sexton shot McKee in the head three times and left him in the truck, where McKee was found more than a week later.

Sexton was charged with murder; felony murder; Class A felony robbery; criminal confinement and unlawful possession of a firearm by a serious violent felon, both Class B felonies, and two counts of Class C felony forgery. The state also alleged that Sexton was a habitual offender.

According to court records, Sexton punched his attorney in the face in open court as a trial was set to begin in 2009, resulting in the trial’s cancellation.  As another jury trial was about to begin, Sexton pleaded guilty to felony murder and the state dropped the remaining charges.

“Sexton says the trial court’s finding of multiple aggravators relating to his criminal past (like his criminal convictions, his drug use, the escalating nature of his crimes of violence, that he is at high risk of reoffending) is akin to being punished multiple times for the same offense. We disagree,” Senior Judge Randall Shepard wrote in an opinion joined by Judge Edward Najam Jr.

“A trial court may consider multiple factors relating to a defendant’s criminal past at the sentencing stage. The trial court here convicted Sexton of felony murder. For that crime, the trial court imposed one sentence. There is no double jeopardy violation,” Shepard wrote.

Judge L. Mark Bailey in a brief concurring opinion wrote that he relied on Farmer v. State, No. 772 N.E.2d 1025 (Ind. Ct. App. 2002), as the proper application of Hammons v. State, 493 N.E.2d 1250 (Ind. 1986), cited as precedent in affirming Sexton’s conviction.

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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