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Monday, November 23, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 2 NFP memorandum decision(s))

For publication opinions today (2):

In In the Matter of the Term. of the Parent-Child Relationship of J.E., and K.E. v. The Ind. Dept. of Child Services, a 12-page opinion, Judge Crone writes:

K.E. (“Father”) appeals a trial court order terminating his parental relationship with his one-year-old son J.E. He challenges only the trial court’s denial of his motion for continuance and motion for order to transport. Finding that the trial court acted within its discretion in denying Father’s motions, we affirm.
In Ralph Jackson v. State of Indiana , a 6-page opinion, Judge Bailey writes:
Ralph Jackson (“Jackson”) challenges his twenty-year sentence imposed upon his plea of guilty to Dealing in a Schedule II Controlled Substance, as a Class B felony. He presents the sole, consolidated issue of whether he was properly sentenced. We reverse and remand with instructions. * * *

On appeal, Jackson contends that the maximum sentence was imposed upon him as punishment for his unsuccessful completion of the drug court program.[2] * * *

Although a sentencing court has options vis-á-vis the execution of a sentence, including such things as community placements, work release, home detention, drug court participation and the like, the trial court does not have the option of selecting a sentence based solely on the defendant’s conduct apart from the circumstances of the crime. Because the trial court did not issue an adequate sentencing statement, it abused its sentencing discretion. Anglemyer, 868 N.E.2d at 490.

Conclusion. We reverse the twenty-year sentence and remand with instructions to the trial court to sentence Jackson for the offense to which he pled guilty, accompanied by a sentencing statement that is adequate to facilitate appellate review.
[2] Jackson makes the troubling assertion that retaliatory sentencing for failure to successfully complete a drug court program is commonplace. However, the limited record before us contains no evidence of systemic problems of this nature. At this juncture, we have no reason to believe that the instant sentence is anything other than an aberration.

NFP civil decisions today (0):

NFP criminal decisions today (2):

John Mosley v. State of Indiana (mem. dec.)

Walter Davis v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on November 23, 2015 12:17 PM
Posted to Ind. App.Ct. Decisions