“In reply, Amick asserts that no error was invited and that he is arguing that the court abused its discretion when it granted MCCC authority to determine what the sliding scale would be without first petitioning the court and receiving approval for the estimated costs,” Judge Elaine Brown wrote for the court.“The record does not include the ‘sliding scale’ or state who established it or who administers it. We have no way of knowing whether the trial court intended to delegate any statutory responsibility to MCCC or whether the fees requested by MCCC and entered by the trial court were consistent with the sliding scale,” Brown continued.Thus, the case was remanded for the trial court to clarify its intent regarding the fee and for further proceedings consistent with the opinion in Lawrence Amick v. State of Indiana, 19A-CR-27. FacebookTwitterCopy LinkEmail Katie Stancombe for www.theindianalawyer.comThe Indiana Court of Appeals has remanded a case after finding no clarification from the trial court as to whether Marion County Community Corrections was intended to evaluate a man on a sliding scale of fees for his home detention costs.During a sentencing hearing, Lawrence Amick was sentenced to 730 days in community corrections for both of his Level 6 felonies auto theft and forgery, to be served concurrently.Per Amick’s request, the Marion Superior Court ordered the Marion County Community Corrections to evaluate Amick for sliding scale fees for the cost of his home detention. The court’s sentencing order totaled Amick’s court costs and fees at $285.A memo filed by the MCCC stated Amick owed it $3,680. It also requested that the bond amount filed with the Marion County Clerk’s Office be transferred to the MCCC to apply toward the outstanding balance of program costs associated with the services provided to Amick, which the trial court approved.Amick appealed, arguing the trial court abused its discretion in entering the community corrections fees based on a sliding scale. He specifically contended the abuse occurred when the trial court ordered the MCCC to evaluate Amick for sliding scale fees for the cost of home detention, asserting that the trial court holds the discretion to impose fees.Although it argued Amick invited any error when he specifically requested the trial court impose the fees on a sliding scale, the state admitted it was unknown on appeal what the trial court was referring to based on the record. Thus, the Indiana Court of Appeals remanded the case.
On Sunday night, Joe Russo’s Almost Dead closed out their weekend run with a performance at Bonner, MT’s gorgeous KettleHouse Amphitheater. The show marked JRAD’s debut performance in Montana.JRAD opened up their first set with “Samson and Delilah”, giving Joe Russo a chance to flex his chops behind his drum kit out of the gates. The fierce “Samson” opener coasted into a bouncy “Dancing In The Streets”, highlighted by some explosive guitar work from Tom Hamilton and Scott Metzger. Dancing smoothly segued into “The Wheel”, which featured teases of Bob Dylan‘s “What Was It You Wanted”, American Babies‘ “Jolene”, and “Cassidy”. The quintet charged forward with “New Speedway Boogie”, played for the first time in 2019.KettleHouse’s natural beauty brought out the best in the mastermind musicians, as they coasted out of “New Speedway Boogie” into an improvisational “Jam” segment, which was followed up by a dark and raucous take on “The Other One”. Russo and bassist Dave Dreiwitz locked into a heavy-hitting rhythmic pocket, presenting an opportunity for Hamilton, Metzger, and keyboardist Marco Benevento to sail away to a jazzy, spacey realm. Joe Russo’s Almost Dead closed out their first set with an open-ended “Shakedown Street”, featuring teases of Phish‘s “Stash”, along with “King Solomon’s Marbles” and “Shakedown Street”.Following a setbreak, the band returned to give “Shakedown” the proper treatment with a “Shakedown Street Reprise”, featuring a full band tease of “Dancing In The Streets”, as well as a funky tease of Phish’s “Bathtub Gin” out of Hamilton’s corner. The glorious “Shakedown” finale made way for a unique rendition of Bob Weir‘s “Gonesville”, off of his 2016 Blue Mountain solo LP. “Gonesville” segued into a tender “Jack A Roe” before the band landed into “Eyes Of The World”. Hamilton and Metzger traded off a series of ever-evolving solos, which eventually brought the band into “Estimated Prophet”.The five-piece powerhouse was preaching on the burning shores of the KettleHouse Amphitheater, backed by Joe Russo’s octopus-like moves and impressive flips of his drum sticks. “Estimated” was followed up by “Jack Straw” before the band brought their second set to a halt with “Morning Dew”. The band delivered a lone encore of “Promised Land”, played for the first time since March 15th, 2018 in Syracuse, a gap of 48 shows.Next up for Joe Russo’s Almost Dead is a pair of festival appearances at Bethel Woods, NY’s Mountain Jam and Manchester. TN’s Bonnaroo. For ticketing information and a full list of the band’s upcoming tour dates, head to Joe Russo’s Almost Dead’s website.Setlist: Joe Russo’s Almost Dead | KettleHouse Amphitheater | Bonner, MT | 6/2/2019Set One: Samson > Dancing In The Streets @ -> The Wheel # -> New Speedway Boogie ## -> Jam -> The Other One -> Shakedown Street $Set Two: Shakedown Street Reprise % > Gonesville -> Jack A Roe -> Eyes Of The World ^ -> Estimated -> Jackstraw > Morning DewEncore: Promised Land &@ – With a DD Solo that teased “Drive My Car” (The Beatles)# – With a “What Was It You Wanted” (Bob Dylan) Tease (MB), a “Jolene” (American Babies) Tease (Band) and a Cassidy Tease (TH)## – Not played since 2018-10-25 Hulaween – Amphitheatre Stage, Spirit of the Suwanee Music Park Live Oak, FL, a gap of 24 shows$ – With a “Stash” (Phish) Tease (SM), King Solomon’s Marbles Teases (Band), Dancing In The Streets Teases (Band), Unfinished% – With Dancing In The Streets Teases (Band), “Bathtub Gin” (Phish) Teases (TH), Not played since 2018-04-21 Sweetwater 420 Festival, Centennial Olympic Park, Atlanta, GA, a gap of 45 shows^ – With Dancing In The Streets Teases (SM) and a Ruben & Cherise Tease (MB)& – Not played since 2018-03-15 Landmark Theatre, Syracuse, NY, a gap of 48 Shows