Pro se defendant wins reversal of restitution order

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A defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court of Appeals ruled.

In Jim A. Edsall v. State of Indiana, 57A03-1205-CR-240, Jim Edsall appealed the imposition of six 30-year concurrent sentences of imprisonment in the Department of Correction following his guilty plea to five counts of Class A felony delivery of meth and one count of Class A felony conspiracy to manufacture meth and a restitution order. The charges stemmed from an undercover drug operation that infiltrated Edsall’s manufacturing operation.

Edsall’s guilty plea did not make any reference to restitution, nor was there any reference of it at the guilty plea hearing. At a later sentencing hearing, the state sought $19,581.40 to recover costs of the investigation. Edsall’s counsel didn’t expressly object to the restitution being sought at any point. The trial court imposed the restitution order and the concurrent 30 year-sentences.

The Court of Appeals rejected Edsall’s arguments that the trial court abused its discretion by considering improper aggravating circumstances and failing to consider mitigating ones, and that his sentence was inappropriate based on his character and the nature of the offense and should be revised to 15 years.

But the judges agreed with Edsall that the trial court erred in ordering him to pay restitution. Citing Green v. State, 811 N.E.2d 874, 877 (Ind. Ct. App. 2004), they held that the state is not a victim as contemplated by the restitution statute, Ind. Code 35-50-5-3, so the restitution order wasn’t proper.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...