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Man’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld

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After pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.

James E. Mefford was on probation for Class B felony sexual misconduct with a minor when he delivered hydrocodone to another person and had sex with his 13-year-old mentally disabled stepdaughter. She became pregnant and later had an abortion. DNA tests on the fetus revealed Mefford was the father of the baby.

In two separate causes, he pleaded guilty to Class A felony child molesting and a habitual offender allegation, and to Class B felony dealing in a schedule II controlled substance. Sentencing was left open to the trial court, which sentenced him to the maximum of 50 years for child molesting, enhanced by 30 years, and the maximum of 20 years on the drug charge. The sentences are to be served consecutively.

In James E. Mefford v. State of Indiana, 15A04-1208-CR-394, Mefford argued that his sentence is inappropriate and he should have been ordered to serve the sentences concurrently.

In upholding his sentence, the appellate judges pointed out that Mefford told his stepdaughter to lie about who impregnated her and tried to arrange for an out-of-state abortion. He also claimed he was drunk and thought he was having sex with his wife. He also had an extensive criminal history, including sexual offenses, and he admitted to prolonged use of alcohol and drugs despite prior treatment.

They rejected his argument for concurrent sentences, finding that he committed two separate crimes on different days and was tried in separate causes.

 

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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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