ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.
 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT