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Plea bars man from credit for time served on electronic monitoring

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Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.

John M. Weidman was placed on electronic monitoring after posting bond in Cause No. 03C01-1102-FA-898, in which he faced several counts involving drugs and attempted receiving stolen property. While on electronic monitoring, he was charged with Class D felony possession of marijuana in Cause No. 03C01-1205-FC-2659.

Weidman entered into a plea agreement on both causes to which he agreed he was not entitled to credit time toward his sentences for the period of time he was on electronic monitoring.

In John M. Weidman v. State of Indiana,  03A01-1306-CR-255, Weidman argued he is entitled to that credit time, but the Court of Appeals held is bound by the plea agreement because he made no argument that his plea was involuntary.

The Indiana Supreme Court has also held that a defendant may waive in a voluntary plea agreement the constitutional right to appellate review of a sentence.

“We therefore conclude that Weidman waived his right to claim that he was entitled to credit for the time he was on electronic monitoring. To allow such a challenge now would be to permit him to benefit from the terms of the plea agreement without upholding his end of the bargain struck in the plea agreement. And Weidman did benefit; in exchange for his plea, the State dismissed serious charges, and the trial court ordered the sentences on some of Weidman’s convictions to be served concurrently,” Judge Paul Mathias wrote.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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