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Thursday, October 22, 2009

Ind. Decisions - Oral argument this morning on use of "scoring models" in sentencing

The oral argument before the Supreme Court in Malenchik v. State is this morning. This is the case where the Court asked for amicus briefs on the use of "scoring models" in sentencing. Here again is the writeup:

9:45 AM - Anthony Malenchik v. State - Malenchik pleaded guilty to a class D felony and was adjudged to be an habitual offender. The Tippecanoe Superior Court sentenced him to six years. The Court of Appeals affirmed. Malenchik v. State, No. 79A02-0902-CR-133 (Ind. Ct. App. Jun. 5, 2009) (unpublished mem. decision), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Relying on Rhodes v. State, 896 N.E.2d 1193, 1195 (Ind. Ct. App. 2008), trans. not sought, Malenchik argues the trial court abused its discretion by considering "scoring models" (in this case, the Level of Service Inventory-Revised ("LSIR") and Substance Abuse Subtle Screening Inventory ("SASSI")) in determining the sentence.

[Note: Here is the COA opinion. This is the case in which the Supreme Court called for amicus briefs on the use of scoring models, see ILB entry here. The briefs in the case have been collected and posted by the ILB, they are available here and here.]

Watch the oral argument online here, live at 9:45 AM, or later.

Posted by Marcia Oddi on October 22, 2009 06:24 AM
Posted to Upcoming Oral Arguments