ILNews

Defendant's fleeing justifies delayed arrest

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The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.

Jason B. Saunders pleaded guilty to operating a motor vehicle while intoxicated as a Class D felony in 2000, received a suspended sentence, and was placed on probation for two years. He was ordered to obey all laws and refrain from alcohol consumption. A month later, the state filed a notice of probation violation because Saunders never reported to the probation officer as ordered. An arrest warrant was issued the same day, and 11 years later, the warrant was expanded to include Tennessee.

Saunders was arrested in 2011 and had committed several offenses in Tennessee while on probation in Indiana. The trial court rejected his probation officer’s recommendation that he receive a 180-day sanction so that he could go back to Tennessee to face his probation penalties there using “Tennessee tax payers’ money.”

On appeal, Saunders claimed that the state’s 11-year delay in arresting him and pursuing the 2000 probation revocation matter amounted to a denial of his right to due process. He didn’t raise those arguments on the trial level, so the appellate court considered whether there was a fundamental error. Any prejudice that may have resulted to Saunders was because he fled from Indiana for 11 years. He admitted to all the violations and hasn’t shown his defense to the violations was impaired by the state’s delay in prosecution, wrote Judge John Baker.

Saunders’ violation of two conditions of his probation, which included committing several new offenses, justified the imposition of the entirety of his previously suspended three-year sentence, the judges held in Jason B. Saunders v. State of Indiana, No. 06A01-1111-CR-596.

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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