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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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