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Tuesday, January 16, 2007
Ind. Decisions - More on: Indiana Supreme Court rules forensic diversion is discretionary
Updating this Jan. 3 ILB entry on the Indiana Supreme Court's decision in Ruble v. State, the Muncie Star-Press has this story today, which has been picked up by a number of other papers. Some quotes:
The Indiana Supreme Court has ruled a Delaware County judge had the right to send a Muncie man with 16 prior criminal convictions to jail after he was convicted of driving after a lifetime suspension.The Supreme Court recently overturned a state appeals court's ruling that Delaware Circuit Court 3 Judge Robert Barnet Jr. should have granted convicted felon James F. Ruble's request for a suspended sentence. * * *
Ruble asked the judge to place him in the local court system's forensic diversion program, which allows some offenders to receive suspended sentences provided they seek treatment for mental illness or addictions.
Barnet declined to do so, noting Ruble's lengthy history of arrests and three prior placements on probation. The judge imposed a five-year prison sentence with three years suspended.
The Indiana Court of Appeals later overtuned Barnet's sentence, ruling Ruble should have been placed in the diversion program for at least part of his sentence.
In a ruling this month, however, the state Supreme Court reinstated the sentence.
Posted by Marcia Oddi on January 16, 2007 10:23 AM
Posted to Ind. Sup.Ct. Decisions