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Term of imprisonment reduced by half after COA rules sentence does not fit the crime

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A man who pleaded guilty to child molesting had his sentence halved by the Indiana Court of Appeals on the grounds that the sentence imposed by the trial court was an outlier.

The COA reversed and remanded with instructions the trial court’s sentence in Calvin Merida v. State of Indiana, 69A01-1203-CR-110. It found the nature of the offense and the character of the defendant did not warrant the 60-year aggregate term of imprisonment assessed by the lower court.

Calvin Merida pleaded guilty to two counts of child molesting, as Class A felonies, for abusing his adopted daughter. The trial court sentenced him to 30 years imprisonment for each of the two counts with the sentences to run consecutively for an aggregate term of imprisonment of 60 years.

Merida appealed, challenging the appropriateness of his sentence.

In reviewing the case, the COA pointed out there was no evidence that Merida’s conduct was particularly violent although the victim is said to suffer from “life-altering anxiety” as a result of the offenses becoming known. Also with respect to his character, the court found he has no prior criminal history and did graduate from high school and has maintained steady and well-paid employment.

Citing in its role to “leaven the outliers,” the COA revised Merida’s sentence. It reversed the trial court’s sentencing order and remanded with instructions to revise the sentencing order to run his two 30-year sentences concurrent for an aggregate 30-year term.

Judge Terry Crone concurred in part and dissented. He disagreed with the majority’s decision to run Merida’s two 30-year sentences concurrently.

Instead, he wrote, he would have remanded with instructions that Merida’s sentence be revised so that eight years of the 30-year sentence on the second count would run consecutive to the 30-year sentence on the first count and the remainder would run concurrent for a total executed sentence of 38 years.

Crone acknowledged that Indiana Code 35-50-1-2 does not specifically authorize partially consecutive sentences, but he believes the statute should be interpreted to provide trial courts with flexibility in sentencing.

“If it is determined that the statute as currently written does not authorize partially consecutive sentences,” Crone wrote, “it is my hope that the legislature would amend the statute accordingly and give trial courts and appellate courts an important tool for crafting appropriate sentences in cases like this one,”   

 

 

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  • Law
    WAKE UP AMERICA All tyranny needs to gain a foothold is for people of good conscience to remain silent. IT'S TIME FOR ALL AMERICANS TO STAND AND SPEAK UP MUST READ ARTICLES The Infallible Prosecutor: Google it 10,000 innocent people convicted each year Scalia's death row lunacy: Google it Most registered sex offenders are innocent www.wikipedia.org Type censorship in the U.S. in the search box IF YOU DON'T KNOW YOUR RIGHTS YOU DON'T HAVE ANY Jury nullification: A fundamental right! Indiana Constitution: Article1: Section 19: In all criminal cases whatever, the jury shall have the right to determine the law and the facts. The 9th and 10th amendments to the constitution of the United States means the same thing. An unjust law is not a law at all and any person charged with violating an unjust law has not violated any law and should be found not guilty simply because the law is unjust! WE MUST PROTECT OUR CONSTITUTIONS ntra
  • Constitution:
    Judge4s and courts are always crying, make laws so we can convict everyone the cops arrest, guilty or innocent, we don't care we want convictions. Why don't the courts and judges petition congress to repeal stupid nonsense laws, especially thos related to sex offenders! Reading those laws is like reading a joke book and they trample our constitutional rights and believe me people, you lose one right, soon you will lose all rights! Besides most sex offenders are innocent, as far as I am concerned the only way a person can commit a sex offense is to actually have some form of sex. Sex offender laws are not just unconstitutional, they are illegal, overbroad, ambiguous and assinine!!!

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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