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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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