Morris v. State
2010 Ind. App. LEXIS 2069
| Ind. Ct. App. | 2010Background
- Morris was charged in 1996 with murder, voluntary manslaughter, handgun possession without a license, and two counts of attempted murder.
- He pled guilty to Class A felony voluntary manslaughter under a plea agreement capping his sentence at 30 years.
- The court imposed a 30-year sentence on March 4, 1998.
- In 2009 Morris sought placement on home detention for the remainder of his sentence.
- The trial court held a hearing, reviewed briefs, and denied Morris' request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2001 amendment to Ind.Code § 35-38-1-17(b) authorized modification of placement for Morris. | Morris: statute allows post-sentencing modification, even for pre-2001 sentences. | State: amendment does not apply to pre-2001 sentences; plain language limits modification authority. | No authority to modify placement for Morris; affirmed denial. |
Key Cases Cited
- City of Carmel v. Steele, 865 N.E.2d 612 (Ind.2007) (statutory construction aims to implement legislative intent; text must be read plainly)
- Willis v. State, 567 N.E.2d 1170 (Ind.Ct.App.1991) (ameliorative but procedural changes can be substantive; not controlling here)
- Crocker, 270 Ind. 377, 385 N.E.2d 1143 (1979) (new powers given by post-sentencing statute may be substantive; not retroactive here)
- Timberlake v. State, 679 N.E.2d 1337 (Ind.Ct.App.1997) (distinguishes Willis in context of statutory modification)