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COA affirms probation violation for nonsupport, modifies amount due

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A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.

Carl Brandenburg was sentenced to time served plus 52 months on probation after he pleaded guilty to the Class C felony in August 2011. Just shy of a year later, after he failed to make the court-ordered $78 weekly child support payment, a warrant was issued and he was arrested. Jennings Circuit Judge Jon Webster subsequently revoked his probation and ordered him to serve the 52 months.

The appeals panel found no abuse of discretion regarding the revocation of probation, but did find that the amount Brandenburg owed in back support had been overstated. He acknowledged owing an amount of at least $10,000, but not the $17,795 the state claimed.

“In short, the amount of the arrearage was approximately $10,000 in August 2011, and Brandenburg’s daughter had turned twenty-one in August 2009,” Judge Edward Najam wrote for the court in Carl J. Brandenburg v. State of Indiana,  40A04-1301-CR-23.

“Therefore, he contends, the arrearage could not have increased to $17,795.05, as found by the trial court, after the date of his sentencing in 2011. We remand to the trial court for a hearing to recalculate the amount of Brandenburg’s child support arrearage.”    

 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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