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Tuesday, July 02, 2013

Ind. Decisions - Supreme Court decides one today

In Michael Chambers v. State of Indiana, a 3-page, 5-0 per curiam opinion, the Court concludes:

Our collective judgment is that the sentence imposed by the trial court in this case is not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision. Accordingly, we grant transfer, affirm the sentence imposed by the trial court, and summarily affirm the decision of the Court of Appeals in all other respects. See App. R. 58(A).

Dickson, C.J., and David, Massa, and Rush, JJ., concur.
Rucker, J., concurs in result.

There are similarities between this Supreme Court opinion today and the Court of Appeals opinion discussed in the previous post. Both are "per curiam" (although "per curiam" is not unusual in Supreme Court opinions). Both use the initials "per". The final two paragraphs of both opinions are substantially similar.

However, the names of the justices are on this opinion. Here the trial court had sentenced Chambers to maximum consecutive terms (a total of forty years executed), and:

A majority of the Court of Appeals panel revised the sentence to concurrent terms of twenty years, concluding that the forty-year executed sentence was an outlier in comparison to Walker v. State, 747 N.E.2d 536 (Ind. 2001), and Harris v. State, 897 N.E.2d 927, 930 (Ind. 2008). See Chambers v. State, No. 53A01-1209-CR-401 (Ind. Ct. App. Feb. 27, 2013) (mem. dec.). The dissenting opinion, on the other hand, noted that Chambers has a more significant criminal history than the defendants in those cases and that the nature and circumstances of the offenses Chambers committed was not the same.

Posted by Marcia Oddi on July 2, 2013 04:24 PM
Posted to Ind. Sup.Ct. Decisions