Shane Weedling v. State of Indiana (mem. dec.)
50A03-1611-CR-2544
| Ind. Ct. App. | May 18, 2017Background
- In September 2015, Shane E. Weedling cared for his girlfriend’s two‑year‑old daughter, S.W., at a motel in Plymouth, Indiana; text messages show Weedling angry that the child wet the bed and threatening continued beatings.
- LaVanway (the mother) returned to find S.W. unconscious and bloody; Weedling instructed her not to seek medical care and to lie about a shower fall; the child was taken to the hospital hours later and died the next day from blunt‑force head trauma.
- Medical and police examinations revealed extensive, patterned bruising in different stages of healing across the child’s body and skull injuries inconsistent with a shower fall; autopsy ruled the death a homicide.
- Weedling was charged with multiple felonies; he pled guilty to murder on September 13, 2016; other charges were dismissed. The trial court sentenced him to the statutory maximum of 65 years executed.
- On appeal Weedling challenged the sentence as inappropriate under Indiana Appellate Rule 7(B), arguing facts and his character warranted revision; the Court of Appeals affirmed.
Issues
| Issue | State's Argument | Weedling's Argument | Held |
|---|---|---|---|
| Whether Weedling’s 65‑year sentence is inappropriate under App. R. 7(B) | Sentence appropriate given nature and depravity of killing and offender’s character | Sentence excessive given alleged lack of proof of intent to murder and substance influence | Affirmed: sentence not inappropriate |
| Whether the offense’s nature supports maximum sentence | Brutal, sustained abuse of a defenseless two‑year‑old, attempts to conceal, injuries in different healing stages | Argued no clear evidence of intent to murder | Court found ample evidence to infer knowing killing; nature supports maximum |
| Whether Weedling’s character warrants mitigation | Prior convictions, pattern of substance abuse, minimization of conduct, refusal of treatment | Cited religious programming and claimed remorse as mitigating | Court found character not significantly redeeming; aggravating factors present |
| Whether substance abuse and religious participation mitigate sentence | Substance abuse can be aggravating if untreated; minimal positive steps shown | Argued addiction and religious introspection warrant leniency | Court treated substance abuse as aggravating; religious activity insufficient to outweigh brutality |
Key Cases Cited
- Knapp v. State, 9 N.E.3d 1274 (Ind. 2014) (discussing appellate authority to review and revise criminal sentences)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (Appellate Rule 7(B) sentencing review framework)
- Inman v. State, 4 N.E.3d 190 (Ind. 2014) (quoting App. R. 7 standard for revising sentences)
- Conley v. State, 972 N.E.2d 864 (Ind. 2012) (noting deference to trial court in sentencing review)
- Stephenson v. State, 29 N.E.3d 111 (Ind. 2015) (describing when deference is overcome under App. R. 7)
- Bethea v. State, 983 N.E.2d 1134 (Ind. 2013) (factors for assessing sentence appropriateness)
- Chambers v. State, 989 N.E.2d 1257 (Ind. 2013) (principal role of appellate review is to leaven outliers)
- King v. State, 894 N.E.2d 265 (Ind. Ct. App. 2008) (App. R. 7 question centers on whether imposed sentence is inappropriate)
- Buchanan v. State, 767 N.E.2d 967 (Ind. 2002) (maximum sentences generally for worst offenders; focus on nature and depravity)
- Wells v. State, 904 N.E.2d 265 (Ind. Ct. App. 2009) (focus on nature, extent, depravity of offense when reviewing maximum sentence)
- Bryant v. State, 802 N.E.2d 486 (Ind. Ct. App. 2004) (history of substance abuse may be an aggravating circumstance)