Indiana case law summary by Attorney Richard Clem: criminal law, plea agreement.

John M. Weidman v. State of Indiana. IN criminal law, plea agreement

John M. Weidman pleaded guilty in Bartholomew County, Indiana, Circuit Court to dealing in marijuana and attempted receiving of stolen property. The court, Judge Stephen R. Heimann, sentenced him to 14 years. Weidman appealed the sentence to the Indiana Court of Appeals, and argued that the court should have given him credit for time spent on electronic monitoring as a condition of bond.

Unfortunately for Weidman, in his plea agreement, he had specifically agreed that he was not entitled to credit for this time. Since there was no evidence that the plea wasn't voluntarily, the court held that the argument was waived. For that reason, it affirmed the trial court's ruling.

No. 03A01-1306-CR-255 (Ind. Ct. App. April 28, 2014).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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