Scheckel v. State

655 N.E.2d 506, 1995 Ind. LEXIS 141, 1995 WL 570979
CourtIndiana Supreme Court
DecidedSeptember 28, 1995
Docket67S00-9404-CR-382
StatusPublished
Cited by55 cases

This text of 655 N.E.2d 506 (Scheckel v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scheckel v. State, 655 N.E.2d 506, 1995 Ind. LEXIS 141, 1995 WL 570979 (Ind. 1995).

Opinions

ON DIRECT APPEAL

DeBRULER, Justice.

Appellant pled guilty under a plea agreement to a charge of murder. The trial court sentenced him to sixty years on the murder conviction. Ind.Code Ann. § 35-50-2-3 (West Supp.1994), Ind.Code Ann. § 85-88-1-7.1 (West Supp.1994). On appeal of the original sentence, this Court concluded that the trial judge had either erroneously overlooked or failed to consider evidence of significant mitigating cireumstances in the record. Scheckel v. State (1993), Ind., 620 N.E.2d 681, 685-86 (hereinafter Scheckel I). The original sentence was vacated and the cause was remanded for reconsideration of the sentence to be imposed. Between appellant's first sentencing proceeding and the remand of this case, the original trial judge, the Honorable William C. Vaughn, III, was replaced in the Putnam Cireuit Court by Special Judge Jeffrey V. Boles. On remand, Judge Boles re-instated the original sixty year sentence. This is an appeal from that sentence. Ind. Appellate Rule 4(A)(7).

Appellant argues that his sentence should be vacated and the presumptive forty year sentence be imposed because the sentence:

1) is not supported by a reasoned statement balancing aggravating and mitigating ciream-stances; and

2) is manifestly unreasonable.

Facts

On August 8, 1991, appellant Matthew J. Scheckel broke into Richard Couch's motel room and killed him by stabbing him eleven times. The State charged him with one count of murder and one count of burglary. On February 12, 1992, the State and the appeliant filed a charge agreement with the trial court. This joint agreement provided that appellant would plead guilty to the murder charge and that the State would drop the burglary charge. Appellant pled guilty to the murder charge. On March 4, 1992, Judge William C. Vaughn, III, sentenced appellant to sixty years imprisonment for the murder.

Appellant then appealed his sentence to this Court. In his first appeal, appellant argued (1) that his sentence was either based on unfounded or erroneous aggravating circumstances and (2) that the sentencing judge overlooked significant mitigating circumstances supported by the record. He also argued that the original sentence imposed of sixty years was manifestly unreasonable. Without addressing the reasonableness of his sentence, we held that several mitigating circumstances had seemingly been ignored or overlooked by the trial court. Thus, we vacated appellant's sentence and remanded the cause to the trial court for re-sentencing. Scheckel I, 620 N.E.2d 681.

In the meantime, Special Judge Jeffrey V. Boles replaced Judge William C. Vaughn, III, in this case. The special judge presided over appellant's second sentencing hearing on December 28, 1998. Because he was present for neither the trial nor the original sentencing proceedings and refused to hear new evidence at sentencing, the special judge had only the transeript from the prior sentencing proceeding and a copy of this Court's opinion in Sckeckel I to guide appellant's sentencing. On December 30, 1998, the special judge re-instated the original sixty year sentence.

I. The Sentencing Statement

Appellant argues that his sentence is not supported by a reasoned statement balancing aggravating and mitigating cireum-stances as explained by this Court in Scheck-el I. To assess the adequacy of the sentencing statement, one must first look to the pertinent language of the statement itself. Omitting procedural recitations, it reads as follows:

1. Matt Scheckel murdered the vietim by stabbing him eleven times.
2. Matt Scheckel has an established prior criminal history.
3. Previous rehabilitative treatment of Matt Scheckel has been ineffective.
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.. I have carefully reviewed the evidence presented regarding mitigating circumstances, the psychological and sociological significance of the testimony and the blame shifting nature of these disciplines. They present the current fad of "viectimolo-[509]*509gy" as a justification for any type of antisocial or destructive behavior.
Should a Court consider that because a murderer's father is a drunk, the murderer is justified in a killing? Or should the lesson to the murderer be that is not behavior I am going to engage in?
Should a Court consider the unsubstantiated allegations that a murderer was sexually molested as a child as a justification or mitigation for a murder? Or is this merely sociology and psychology run rampant?
Did Matt Scheckel learn from his work record and character traits testified to at sentencing?
Is the fact that Matt Scheckel received no counseling of any significance in justification or mitigation of a brutal killing?
Somewhere along the line a person must be held responsible for his own conduct, not society, not the government, and not the counselor's couch.
The purpose of the criminal law then is to deter, punish and rehabilitate in that order.
Our elected Senators and House Members have put a value on a man's life. Should it be 60 years, 50 years, 40 years, 30 years? The mere mention of the sentence range depreciates the value of life.
I specifically reviewed the record in this case according to the Supreme Court Order to reconsider the sentence to be imposed and agree with Justice Givan that "when a judge is faced with the hard reality of an extremely brutal erime, it is unreasonable to expect him to enter into a long dissertation as to why he does not believe the impassioned plea of a grieving mother or the naive pontifications of biased friends." Nothing in the record indicates to me that the mitigating pontifications and sociology found by the Supreme Court after reviewing a trial transeript warrants a reduction in the sentence originally imposed by the Trial Court.
The Trial Court's 60 year sentence originally imposed is fair, right, and consistent with the obligation of a Trial Judge faced with the facts presented in this case.

With this statement, the special judge imposed the maximum term of sixty years allowed by the sentencing statute. See Ind. Code Ann. § 85-50-2-3 (West Supp.1994).

The requirement of a reasoned sentencing statement serves two purposes. First, it safeguards against the imposition of arbitrary and capricious sentences. It insures that the sentencing judge only considers proper matters when imposing the sentence. Hammons v. State (1986), Ind., 493 N.E.2d 1250, 1254, reh'g denied, 496 N.E.2d 1284. Second, the statement allows a reviewing court to determine the reasonableness of the imposed sentence. Id.

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Bluebook (online)
655 N.E.2d 506, 1995 Ind. LEXIS 141, 1995 WL 570979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scheckel-v-state-ind-1995.