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Saturday, January 24, 2009

Ind. Decisions - "Appeals court trims homicide sentence"

Friday's COA decision in the case of Keith W. Winchester v. State of Indiana (NFP) is the subject of a story today by Sophia Voravong in the Lafayette Journal Courier. A quote:

In his appeal, Winchester argued that a Clinton Circuit Court judge improperly considered East's family's sentencing recommendation and his criminal history of physical violence -- in which the victims did not press charges but recovered damages through civil actions -- as aggravators.

Indiana's higher court agreed, ordering that Winchester's sentence be reduced to an advisory sentence of four years in prison and two years on probation.

"While we understand that East's family feels a terrible loss, we note that such an impact on family members accompanies almost every tragic death ... ," Senior Judge Betty Barteau wrote in the unanimous ruling issued Friday.

Posted by Marcia Oddi on January 24, 2009 10:03 AM
Posted to Ind. App.Ct. Decisions