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Prosecutor’s lack of objection allows judge to modify sentence

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In a case where a woman sought modification of her sentence more than a year after it was imposed, the Indiana Supreme Court found that the prosecutor’s conduct satisfied the “approval” requirement of Indiana Code 35-38-1-17(b).

Tammy Sue Harper was sentenced Sept. 19, 2011; she filed her motion for sentence modification Dec. 5, 2012. The trial court at a hearing acknowledged it lacked authority under the statute to modify the sentence but Tippecanoe Circuit Judge Donald Daniel indicated his desire to do so unless the prosecutor’s office objected to the modification and planned to appeal. The deputy prosecutor told the judge he would discuss the matter with the prosecutor’s office, but five weeks had passed and the prosecutor’s office never objected to the modification that would release Harper from the Department of Correction and have her serve the rest of her sentence on probation.

Daniel granted Harper’s motion, leading to this appeal. The Court of Appeals reversed, but the justices affirmed the modification.

The statute in effect at the time of Harper’s offense provided that after 365 days have elapsed, any modification by the trial court is subject to the approval of the prosecuting attorney.

The deputy prosecutor participated in the hearing on the sentence modification request and was aware the trial court wanted to grant the modification unless the prosecutor objected. But the prosecutor never objected or notified the court it planned on appealing if the judge granted the modification.  

“… we conclude that in the context of the facts of this case, the prosecutor’s conduct and communications adequately conveyed the ‘approval of the prosecuting attorney’ required in Indiana Code section 35-38-1-17(b), and that the trial court did not err in proceeding to grant the defendant’s motion for sentence modification,” Chief Justice Brent Dickson wrote for the unanimous court in State of Indiana v. Tammy Sue Harper, 79S02-1405-CR-334.  

 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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