Supreme Court rules on habitual-offender filing issue

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The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.

In Jerrell D. White v. State, No. 15S01-1109-CR-545, the Supreme Court affirmed and reversed in part a decision about the state’s “tardy” habitual-offender filing in this robbery case.

Jerrell D. White waited in a car while his friend took cash from a restaurant register. White drove away and police arrested him two days later, charging him with Class C felony robbery, Class D felony theft, and Class D felony receiving stolen property. Before trial, the court allowed a late habitual-offender charge based on two out-of-state convictions for offenses White committed when he was 15 years old.

At trial, White represented himself with stand-by assistance from a public defender and the jury ultimately found him not guilty of robbery but guilty of theft and receiving stolen property. The jury determined he was a habitual offender, and the trial court sentenced him to three years on each conviction to be served concurrently. The judge also enhanced the sentence by 4.5 years because of his status as a habitual offender.

The Court of Appeals agreed with White’s double jeopardy argument and ordered the trial court to vacate the conviction of and sentence for receiving stolen property. The judges also agreed the evidence was insufficient to support the habitual-offender finding and ordered that it be vacated.

But four justices disagreed in part with the intermediate appellate panel. Justice Frank Sullivan dissented and wrote that he believed the Court of Appeals was correct in its decision.

Examining conflicting precedent on this issue during the past 25 years, the Supreme Court majority determined that the state didn’t articulate any grounds for good cause in requesting the belated habitual-offender charge and the trial court never explored that issue. However, White didn’t object, respond to the state’s filing, request a continuance or argue at trial that the state couldn’t file the tardy habitual-offender charge, so he didn’t preserve that argument, Justice Steven David wrote.

On the evidence sufficiency aspect, the justices disagreed with the Court of Appeals judges who determined additional evidence was required to prove White was tried and convicted in adult court in other states. David wrote that the jury determined the prosecutors proved beyond a reasonable doubt that White had two unrelated adult felony convictions, and that is sufficient.

The majority summarily affirmed the COA on the remaining issues and remanded with instructions to vacate the receiving stolen property conviction and sentence imposed thereon.



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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 ...