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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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