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Transfer granted to sentencing appeal

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The Indiana Supreme Court granted transfer this week to case in which a defendant believed the trial court abused its discretion in referring to his Level of Service Inventory-Revised and Substance Abuse Subtle Screening Inventory scores.

In Anthony Malenchik v. State of Indiana, No. 79A02-0902-CR-133, Anthony Malenchik believed the Tippecanoe Superior Court shouldn't have referenced his LSI-R and SASSI scores during his sentencing hearing for receiving stolen property as a Class D felony. His sentence - six years, with two suspended to probation - was enhanced because the court found Malenchik to be a habitual offender.

Although the trial court made reference to Malenchik's scores, based on the court transcript, the Indiana Court of Appeals deemed the trial court based its sentence on a series of proper considerations. Even though the trial court didn't make findings of aggravating or mitigating circumstances, it did find Malenchik lacked credibility, he repeatedly failed to take advantage of court-ordered services, and he continued to do drugs despite court-ordered testing.

The appellate court also affirmed his sentence.

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  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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