Phelps v. State
969 N.E.2d 1009
| Ind. Ct. App. | 2012Background
- Phelps was convicted of Attempted Murder, a class A felony, following a bench trial after waiving his right to a jury trial.
- The State moved to waive juvenile court jurisdiction; the juvenile court waived jurisdiction.
- Phelps and the State proceeded to a waiver hearing and a bench trial on the remaining charge.
- Phelps was found guilty of attempted murder and sentenced to 35 years, with 5 years suspended and 5 years on probation.
- The issues concern the validity of the waiver, openness of the waiver hearing, preservation of venue-change error, and sentence proportionality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the juvenile court’s waiver of jurisdiction an abuse of discretion? | Phelps argued the State failed to show beyond rehabilitation. | State contends evidence supported beyond-rehabilitation finding. | No abuse; waiver supported by preponderance of evidence. |
| Did the court err in denying the motion to close the waiver proceedings? | Phelps urged close proceedings under the Open/Closed Proceedings statutes. | State asserted open proceedings were appropriate; closed proceeding not required. | No error; moot but court noted discretion to close; no surprise. |
| Was the second change-of-venue motion preserved after jury waiver? | Waiver foreclosed timely ruling on venue change. | Trial court could defer ruling; waiver prevented appellate review. | Issue not preserved; no consideration on appeal. |
| Is the 35-year sentence for attempted murder inappropriate? | Rule 7(B) allows sentence revision for disproportionality; alleged errors in aggravation/mitigation. | Court properly weighed aggravating/mitigating factors; no constitutional violation. | Sentence not inappropriate; no abuse of discretion; constitutional challenges rejected. |
Key Cases Cited
- K.M. v. State, 804 N.E.2d 305 (Ind.Ct.App.2004) (standard for reviewing waiver decisions; deference to juvenile court findings)
- Gerrick v. State, 451 N.E.2d 327 (Ind.1983) (juvenile waiver discretion not subject to de novo weighing)
- Davidson v. State, 580 N.E.2d 238 (Ind.1991) (discretion to postpone ruling on change of venue)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (abuse of discretion in sentencing factors weighing)
- Lopez v. State, 869 N.E.2d 1254 (Ind.Ct.App.2007) (remorse as mitigating factor; court’s discretion to assess)
- Rutherford v. State, 866 N.E.2d 867 (Ind.Ct.App.2007) (standard of review for sentence proportionality)
- Douglas v. State, 481 N.E.2d 107 (Ind.1985) (three-decade sentence for teen offender not per se cruel/unusual)