Adam Morris v. State of Indiana
2 N.E.3d 7
Ind. Ct. App.2013Background
- State seeks rehearing on restitution issue; panel previously held restitution was unavailable where plea was silent; Morris pled to class A misdemeanor OWI after dismissal of the underlying felony death charge.
- Open-plea doctrine: Huddleston and Gil allow restitution when plea leaves sentencing to trial court discretion; Sinn involved a plea with a fixed or recommended sentence and is distinguishable.
- Trial court awarded $14,972.45 for Jennifer’s funeral expenses based on pre-sentencing documents; the documents were not formally introduced as evidence at sentencing.
- State argued restitution is part of criminal sentence; open-plea rule supports award despite silence in the plea agreement.
- On rehearing, the majority affirm restitution but emphasize plea agreements should be drafted carefully; dissent would deny rehearing to avoid extending restitution to charges dismissed in the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether open plea permits restitution despite silence in the plea | State argues open plea allows restitution per Huddleston and Gil | Morris argues Sinn governs open pleas and precludes restitution | Yes; restitution permitted under open-plea doctrine |
| Whether evidence supporting restitution was properly considered | State asserts pretrial documents substantiated the amount | Morris did not object; argued insufficient connection to the crime | Evidence sufficient to support restitution amount of $14,972.45 |
| Whether restitution related to the deceased’s death was proper given charge dismissed | Restitution tied to funeral expenses; related to the crime | Because the charged offense was dismissed, restitution should not apply | Affirmed despite the relation to the dismissed charge; open-plea rule governs |
Key Cases Cited
- Huddleston v. State, 764 N.E.2d 655 (Ind. Ct. App. 2002) (restitution allowed on open-plea where sentencing left to court)
- Gil v. State, 988 N.E.2d 1231 (Ind. Ct. App. 2013) (distinguishes Sinn; supports restitution on open plea)
- Sinn v. State, 693 N.E.2d 78 (Ind. Ct. App. 1998) (restitution not allowed when plea has fixed/recommended sentence)
- Pearson v. State, 883 N.E.2d 770 (Ind. 2008) (restitution is part of criminal sentence; criticized to the extent of linkage to crimes not pled/convicted)
- Miller v. State, 502 N.E.2d 92 (Ind. 1986) (restitution as part of sentence; general stance on restitution authority)
- Polen v. State, 578 N.E.2d 755 (Ind. Ct. App. 1991) (restitution generally should not cover crimes to which defendant did not plead guilty or is not convicted of)
- Long v. State, 867 N.E.2d 606 (Ind. Ct. App. 2007) (waiver principles for failure to object to restitution evidence)
- Rich v. State, 890 N.E.2d 44 (Ind. Ct. App. 2008) (waiver/objection standards for restitution evidence)