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Possible improper use of risk assessment in sentencing not enough for remand

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A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.

In David Williams v. State of Indiana, 67A01-1302-CR-87, the Court of Appeals affirmed Williams’ conviction of eight counts of Class A felony child molesting and one count of Class B felony incest. It also affirmed his sentence to an aggregate term of 99 years.

Williams argued that the trial court abused its discretion in sentencing by not considering his lack of criminal history but, instead, finding his score on the Indiana Risk Assessment System to be an aggravating factor.

The Court of Appeals noted that historically the absence of a criminal history has been viewed as a mitigating factor. However, in Kimbrough v. State, 979 N.E.2d 625 (Ind. 2012), the Indiana Supreme Court retreated from that position.

There, the Supreme Court held the trial court did not abuse its discretion by failing to consider as a significant mitigating factor that the defendant had no prior criminal history. The Court of Appeals interpreted that ruling to mean since a lack of criminal history is no longer significant, the trial court is not obligated to give weight to that fact.

On Williams’ contention about the IRAS score, the Court of Appeals noted while the trial court did not directly state it used the score as a aggravating element, it did draw attention to the score as indicating Williams is at high risk of reoffending.

An evidence-based offender assessment score should not be considered as either an aggravating or mitigating factor or used to determine the length of the sentence, the COA asserted. And, to the extent that the trial court may have relied on the IRAS score, that was improper.

However, the Court of Appeals ruled it does not have to remand for resentencing because it did not find the 99-year term to be inappropriate.   

“Although we have the power to review and revise sentences, the principal role of our review should be to attempt to level the outliers, and identify some guiding principles for trial courts and those charged with improvement of the sentencing statutes, but not to achieve what we perceive to be a ‘correct’ result in each case,” Judge Paul Mathias wrote for the court.
 
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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