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Defendants entitled to competency hearing in probation revocations

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Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded today, addressing the issue for the first time.

Daniel Donald argued the trial court shouldn’t have denied his request for a competency evaluation prior to his probation revocation hearing. Donald is a diabetic and had suffered a stroke, which left him with memory loss and speech, reading, and writing impairments. He was serving part of a home detention sentence following his guilty plea to dealing in methamphetamine.

A surveillance officer who came to his home for a urine sample saw Donald acting strangely in the yard, where he urinated in his underwear for the sample. The officer discovered Donald had a rubber glove in his underwear. When confronted about it, Donald took off, ran around the home, grabbed a shotgun, and ran into the woods by his home. When he was coaxed out of the woods, Donald admitted to taking methamphetamine.

Donald’s attorney requested a competency evaluation based on Indiana Code Section 35-36-3-1(a) because he didn’t think Donald could understand and help in the revocation proceedings.

The trial court ruled Donald did not have standing to ask for a competency evaluation under that statute because his request did not deal with competency to stand trial, and it also found that the request was untimely. His probation was revoked and Donald was ordered to serve his sentence in the Department of Correction.

In Daniel A. Donald v. State of Indiana, No. 23A04-0912-CR-685, the appellate court agreed Donald didn’t have a statutory right to a competency hearing because he wasn’t standing trial, but the Due Process Clause requires that a defendant be competent when participating in a probation-revocation hearing.

The judges looked to other jurisdictions, including appeals courts in Florida and Ohio, and adopted those cases’ reasoning on why defendants in Donald’s situation are entitled to a competency hearing. Probation revocation hearings are similar to criminal proceedings in that the defendant’s liberty is at stake and the defendant’s ability to help in the hearing may determine the outcome.

“Without competency, the minimal due process rights guaranteed to probationers at probation revocation hearings would be rendered useless,” wrote Judge Terry Crone.

Since the trial court denied Donald’s request based on its belief it didn’t have standing, the issue of whether or not reasonable grounds existed to order a competency evaluation wasn’t addressed. The issue was remanded for the trial court to address.  
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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