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Termination of drug court placement over missed therapy affirmed

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A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.

Ann Withers was charged under separate causes with seven methamphetamine- and neglect-related counts, and she agreed to plead guilty to Class B felony dealing in methamphetamine, Class D felony possession of two or more chemical reagents or precursors, and Class D felony neglect of a dependent. She was sentenced to an executed prison term of five-and-a-half years, which was stayed based on her successful completion of Madison County’s Drug Court program.

While Withers had failed no drug screens, her case manager testified she missed three mental health therapy sessions in December 2013, eight months into the program. The manager filed a termination request with electronic signatures of social workers issuing the reports, after which the judge granted the termination request and reinstated the sentence.

"(E)ven if the trial court had erred in judicially noticing the Attendance Reports, any error was harmless," Judge Terry Crone wrote for the panel in Ann Withers v. State of Indiana,  48A02-1403-CR-130. The case manager "testified that Withers missed several therapy sessions, and Withers testified that she had attendance issues. Thus, there was independent evidence of Withers’s violations of the Drug Court program.”

Likewise, there was no abuse of discretion in reinstatement of the sentence, because the sentencing order provided the stay on executing the sentence would be lifted if Withers failed to complete her drug court program.

“Pursuant to the plea agreement, upon termination of her participation, the trial court was required to lift the stay and reinstate her sentences," Crone wrote. "Therefore, we affirm."







 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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