ILNews

Court reverses probation revocation

Michael W. Hoskins
January 1, 2007
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A mapping system showing a potential day-care center near a residence wasn't enough to convince to the Indiana Court of Appeals that a Marion County sex offender's probation should be revoked for staying at the residence one night.

The court unanimously ruled today in Clinton Carden v. State of Indiana, 49A02-0608-CR-700. Marion Superior Magistrate Nancy Broyles had revoked Carden's four-year probation that was a result of his 2001 guilty plea to one felony count of child molesting and part of his overall 10-year sentence.

He was not to live within 1,000 feet of a school or place frequented by children, had to have a single verifiable residence in Marion County, and was not to be within two blocks of any child-prone area. Carden wanted to live with his girlfriend, but his probation officer used an unidentified "mapping system" to find that wasn't allowed because the address was within the two-block vicinity of an unnamed day care.

Three visits to Carden's address in June 2006 showed that Carden wasn't there, but the presence of his girlfriend's children there concerned the probation officer. Carden told the probation officer he wasn't at his home during the visits because he'd spent one night with his girlfriend and another night with a friend. Within a week, the state filed a probation violation notice against him, and the trial court revoked his probation.

In the appellate decision, the court determined that the trial court committed a fundamental error and deprived Carden of his rights.

"Here, the only evidence used to revoke Carden's probation was [the parole officer's] testimony that some unidentified mapping system showed that the Barnett address was within two blocks of some unnamed daycare center," Judge Nancy Vaidik wrote. "And there was no information that the daycare was even in business when Carden spent the night at [his girlfriend's] address. The error in admitting [the parole officer's] testimony is so prejudicial to Carden's rights as to make a fair trial impossible. Without [the parole officer's] testimony, there is simply no evidence to show that Carden entered within two blocks of a daycare center."
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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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