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Mom's promoting prostitution sentence stands

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The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.

In Tina Sue Day v. State of Indiana, No. 36A05-0804-CR-219, the appellate court made it clear it found Tina Day's sentence to be appropriate for someone "who accepted cash in exchange for allowing multiple men to molest her twelve-year-old daughter," wrote Judge Melissa May.

Day pleaded guilty to promoting prostitution and the judge imposed the 17-year sentence after finding four aggravators: her daughter's age, the great harm caused to the child, Day's position as mother, and her daughter being no match for the people to which she was sold. The only mitigator was Day's lack of criminal history.

Day challenged her sentence, claiming the trial court failed to consider her "poverty, mental illness, personality disorders, and alcoholism" when it determined her character. Even though she failed to develop an argument and waived her appeal, the Court of Appeals still found nothing about her sentence to be inappropriate. The Department of Child Services had investigated Day several times in the past for neglect and removed a child from her home due to medical neglect, wrote Judge May.

"Accordingly, despite any other problems she may have, Day's abuse of her twelve-year old daughter reflects a pattern of behavior, not a mere misstep by a woman with otherwise good character," she wrote. "No amount of poverty, physical illness, or mental illness can justify selling a child's body for men's sexual pleasure, and the character of any person who could do so justifies a sentence of seventeen years, if not more."

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  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

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