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COA: Court erred in admitting probable cause affidavit

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A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.

David Robinson appealed the revocation of his probation. He was on probation for a battery conviction when he was arrested and charged following a domestic dispute with his girlfriend. The girlfriend told her story to Lawrence Police officer Brian Sharp, who then relayed it to Lawrence Police detective Thomas Zentz, who wrote up the probable cause affidavit.

The state filed notices of probation violations, one of which included the incident between Robinson and his girlfriend. At a bifurcated probation revocation hearing, the trial court allowed the probable cause affidavit by Zentz to be admitted over Robinson’s objections. Zentz, Sharp and Robinson’s girlfriend were never called to testify. The trial court found Robinson violated his probation because of the arrest, as well as not complying with counseling and drug testing requirements.

The appellate judges agreed with Robinson that the trial court abused its discretion in admitting the probable cause affidavit because it contained multiple layers of hearsay and was unreliable evidence. Even though the appeal is moot as Robinson has since served his home detention for the violation, the COA took the appeal because it is an issue that is likely to occur. The judges also noted none of their prior cases directly address the particular facts and circumstances found in this case.

In this case, Zentz stated facts as told by Latonia Green, Robinson’s girlfriend, to Sharp, who relayed them to Zentz. Zentz never observed injuries on Green or any other fact or circumstance of the alleged attack, wrote Judge Carr Darden. The trial court also never explained why Zentz’s affidavit, which is full of hearsay within hearsay within hearsay, was reliable. The trial court also incorrectly compared an arrest to a revocation of probation when deciding to allow the affidavit.

“The former involves temporary incarceration before a hearing where the defendant is afforded the full panoply of due process rights. The latter, however, involves potential long term incarceration based on hearsay. That hearsay should be substantially reliable,” wrote the judge in David Robinson v. State of Indiana, No. 49A02-1101-CR-13.

Based on the facts and circumstances in this case, the probable cause affidavit wasn’t substantially reliable. However, the state presented and the trial court found there were additional factors supporting the revocation of Robinson’s probation, so the COA affirmed.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. 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

  3. 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

  4. 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

  5. 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.

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