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COA splits on need for evidentiary hearing in revocation

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The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.

When a probationer admits to a violation of probation, the due process requirements of an evidentiary hearing, and confrontation and cross-examination of the witnesses is unnecessary. Robert Beeler was serving his sentence following a guilty plea to felony robbery and criminal confinement in Marion County Community Corrections Home Detention. The state alleged he violated the terms of community corrections because he had been alleged to be a juvenile delinquent in another case and did not comply with the rules of home detention.

According to a CCS entry in Beeler’s robbery and criminal confinement case, he admitted to all four counts under the notice of violation of community corrections and the two counts charged under the notice of violation of probation. The trial court found he violated the terms and ordered him to serve six years of his previously suspended sentence.

Since Beeler didn’t object to the trial court revoking his community corrections placement and probation, he must prove the court made a fundamental error. The only indication on record that Beeler admitted to violating the terms was the CCS entry to that effect. In Robert Beeler v. State of Indiana, No. 49A05-1007-CR-456, the majority concluded that was enough to establish an admission and thus waive the requirement of an evidentiary hearing. The majority cited Epps v. State, 244 Ind. 515. 525, 192 N.E.2d 459, 464 (1963), and Trojnar v. Trojnar, 698 N.E.2d 301, 304 (Ind. 1998), to support their ruling.

Judge Terry Crone dissented, pointing out that there was no transcript containing Beeler’s admission. He disagreed with the state’s position that the appellate court should be able to rely on the trial court’s assertions in its docket to establish the truth of events even when the transcript doesn’t specifically verify them.

“Given the fundamental due process and liberty interests at stake, and given that the transcript actually contradicts the CCS’s version of events, I disagree with the State’s position,” he wrote. “If Beeler admitted to a probation violation off the record – a fact that Beeler does not concede on appeal – it was incumbent upon the State to ensure that the admission was repeated on the record. This it failed to do.”

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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