Race and Sentencing
Marcia J. Oddi, from the Indiana Law Blog, has coverage (and here)of a new decision from the Indiana Court of Appeals in which the court struck down a sentence for murder because of the trial judge’s comments on the defendant’s race at sentencing. The Indianapolis Star quotes the trial judge as stating “I think in light of these facts of this case, it’s going to make people more concerned about people of color being in their neighborhoods,” Bartholomew Superior Court Judge Chris D. Monroe said, according to a transcript in the Court of Appeals decision. The Court of Appeals responded:
[W]e are very uncomfortable with the trial judge’s reference to the fact that Williams is African-American and the victim is white as an aggravating circumstance. While the trial judge’s concern over race relations in the community is laudable, his use of Williams’ race to address that concern during the sentencing proceedings was impermissible. * * *
Because of the serious nature of the offense, I imagine the Attorney General will seek transfer to the Indiana Supreme Court, but maybe Mr. Carter will not want to stand up for these comments when he is facing an election fight.
