ILNews

Supreme Court takes case involving sentencing discrepancy

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.

A written plea agreement called for James Walsh to be sentenced to 20 years for the burglary conviction and a consecutive 30 years for the habitual offender determination with 20 years of the sentence suspended to probation. The trial court entered the habitual-offender enhancement as a separate, consecutive sentence.

The post-conviction court ordered he be re-sentenced to 20 years for the burglary conviction, enhanced by 10 years because it was an error to impose a separate, consecutive sentence for the habitual-offender enhancement.

The Court of Appeals reversed and remanded in a not-for-publication opinion June 24. The trial court was without authority to enter a sentence different than that provided for in the plea agreement, even if it was to Walsh’s benefit, the appellate court ruled. The judges remanded to correct the sentence order and abstract of judgment to reflect that the 30-year sentence for the habitual-offender adjudication serves to enhance the 20-year burglary sentence, with 20 years suspended to probation.

The case is James Walsh v. State of Indiana, No. 52S05-1009-CR-506.

The high court also granted transfer with opinions last week to Max Koenig v. State of Indiana, No. 42S04-1009-CR-505, Virginia Meister v. State of Indiana and Union City, No. 68S04-1009-CV-510, and Rosalynn West v. Betty Wadlington, et al., No. 49S02-1009-CV-509.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT