Otha S. Hamilton v. State of Indiana
2011 Ind. LEXIS 955
| Ind. | 2011Background
- Hamilton molested his nine-year-old granddaughter T.M. in an unconnected garage space; threat to harm grandmother used to coerce sexual act.
- Incident occurred October–December 2009; incident surfaced 5–6 months later.
- Convicted by jury of one count of molesting a child, class A felony; trial court imposed 50-year sentence.
- Court of Appeals affirmed conviction and sentence; Judge Brown dissented on sentencing.
- Indiana Supreme Court granted transfer and affirmed conviction while revising the sentence to 35 years; dissent by Dickson, J.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports conviction | Hamilton | Hamilton challenges sufficiency | Conviction affirmed (sufficiency rejected) |
| Whether 50-year sentence is appropriate | State argues maximum warranted by aggravators | Hamilton argues excessive given offense | Sentence revised to 35 years (affirmed conviction) |
| Whether remand for amended sentence complied with standards | State | Hamilton | Remand for amended sentence proper; reasons discussed; advisory framework applied |
| Whether aggravating/mitigating factors support revision | State | Hamilton minimizes weight of factors | Factors support reducing sentence from 50 to 35 years |
Key Cases Cited
- Buchanan v. State, 767 N.E.2d 967 (Ind.2002) (max sentence reserved for worst-of-the-worst cases; use of victim age and trust factors in sentencing)
- Haddock v. State, 800 N.E.2d 242 (Ind.Ct.App.2003) (affirming maximum sentences on extremely brutal, ongoing abuse under threats)
- Corbett v. State, 764 N.E.2d 622 (Ind.2002) (considers remoteness of prior convictions in aggravation)
- Simmons v. State, 746 N.E.2d 81 (Ind.Ct.App.2001) (criminal history not involving sexual misconduct factors into sentencing)
- Padgett v. State, 875 N.E.2d 310 (Ind.Ct.App.2007) (live-in or close relationship and victim's age affect severity)
- Kien v. State, 782 N.E.2d 398 (Ind.Ct.App.2003) (illustrates impact of victim's age on sentence)
- Everting v. State, 929 N.E.2d 1281 (Ind.2010) (harshness of sentence relates to severity of threatened harm)
- Laster v. State, 918 N.E.2d 428 (Ind.Ct.App.2009) (threats to harm victim or witness influence sentencing)
- Nunley v. State, 916 N.E.2d 712 (Ind.Ct.App.2009) (threat considerations in sentencing)
- Cardwell v. State, 895 N.E.2d 1219 (Ind.2008) (principles for appellate review of sentences)
- Sanchez v. State, 938 N.E.2d 720 (Ind.2010) (discusses scope of appellate review in sentencing)