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Woman’s 35-year sentence upheld following death of stepson

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A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.

Kimberly Kubina faced numerous charges after her stepson Christian Choate died in 2009. The boy was repeatedly abused and beaten by his father, which Kubina did not stop or report. The boy was kept locked up and only let out of the room or a dog cage to eat, use the restroom or exercise. After his death, she helped dispose of the boy’s body.

Kubina pleaded guilty to one count of Class A felony neglect of a dependent and received 35 years incarceration. In Kimberly Kubina v. State of Indiana, 45A03-1303-CR-100, she argued that the trial court abused its discretion when it found aggravating and mitigating circumstances during sentencing.

She believed the trial court improperly took into account her position of trust with the boy when determining aggravating factors. The statute she was convicted under requires that Kubina have had “care of a dependent.”

“Kubina had more than mere care of Christian; she was a stepparent involved in Christian’s upbringing and living in the same home with him, and directly assisted (father Riley) Choate in Christian’s abuse on numerous occasions,” Judge L. Mark Bailey wrote. “The trial court noted several of these facts, as well as the nature of Christian’s ‘long, lingering, torturous death.’ We thus find no abuse of discretion in the trial court’s finding that Kubina was in a position of trust with Christian.”

The judges also found no abuse of discretion when the trial judge only took into account as a mitigating factor that Kubina lacked a criminal history.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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