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COA: Court should not have imposed 2-mile ban as part of probation

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The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.

Wayne Hurd was convicted of Class B misdemeanor battery for grabbing Susan Schneider from behind a bus stop at 39th and College Avenue in Indianapolis. The two did not know each other. She kicked Hurd in the groin and ran home to call police. At his trial, Hurd denied touching Schneider and explained that he had been diagnosed with paranoid schizophrenia and was taking medication.

Hurd’s public defender wanted Hurd’s mother to testify about his mental illness and demeanor, but she was not identified as a potential witness until the morning of the trial. The trial court did not let her testify, which Hurd challenged on appeal. The Court of Appeals affirmed because the offer of proof was not specific as to the substance of Hurd’s mother’s testimony, she was not present at the bus stop, and the trial court found the victim’s testimony credible and Hurd’s testimony to have gaps.

Hurd also challenged the original probation condition imposed in August 2013 that he stay approximately two miles away from 38th and College Avenue. Although the trial court amended the condition three months later to a “one block radius” of Schneider’s home, the probation department filed a notice of probation violation less than two weeks after the original condition was imposed. It alleged he was in the area of 4100 N. College Ave. on Aug. 11.

“It was reasonable for the trial court to express concern for Hurd’s mental health, and the court did so by ordering Hurd to comply with his treatment regimen at Gallahue. Further, given that Hurd’s conviction was for a crime against a person, it was also reasonable for the court to prohibit contact with Susan. However, prohibiting Hurd from entering a significant area of the central part of Indianapolis is not tailored to his rehabilitation or public safety,” Judge Nancy Vaidik wrote in Wayne Hurd v. State of Indiana, 49A02-1309-CR-753.

The judges remanded with instructions to vacate any pending probation violations based upon the original condition.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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