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Thief who aimed to teach victim ‘lesson’ gets no relief on appeal

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An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.

Hiawathia Hunt was sentenced to 545 days in prison, with approximately half of that as time executed, after he was convicted of theft for stealing the items from the owner of a spa and salon where Hunt leased space and worked. Hunt later returned the surveillance system, but not the car wash tickets for which the spa owner paid more than $400 to sell as a fundraiser for her son’s Little League team.

“According to Hunt, he saw that the door was open on (the victim’s) parked car and took the items in order to teach (her) a ‘lesson,’” Judge Paul Mathias wrote in the unanimous seven-page Court of Appeals decision, Hiawathia Hunt v. State of Indiana, 49A04-1207-CR-371.

The court ruled that a judge’s offer to trim time off Hunt’s sentence in exchange for restitution did not constitute a conditional sentence deemed impermissible in Saddler v. State, 953 N.E.2d 1220 (Ind. Ct. App. 2011).

After a bench trial in Marion Superior Court, Judge Reuben Hill chastised Hunt and disregarded his apology and expression of remorse to the victim. Hill said Hunt had acted with malice because he had not returned the tickets or paid for them.

At sentencing, Hill told Hunt that the victim “needs her $400 back. You pay that $400 and I will reconsider how much time you have to serve in prison.”

“In the present case, Hunt claims that his sentence was also conditional. We disagree and find the present case distinguishable from Saddler,” Mathias wrote. “In that case, the trial court gave the defendant repeated opportunities to pay restitution and explicitly stated that if she did not pay restitution, then she was going to serve time in jail.

“The trial court simply explained to Hunt that modification of his sentence was possible if he paid restitution to the victim; it did not make Hunt’s sentence conditional on the payment of restitution. Because Hunt’s sentence was not conditional, and because Hunt alleges no further error in his sentence, we affirm.”



 

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  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"?

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