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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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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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