COA: Judge abused discretion by revoking probation

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A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.

Lucas Jackson was on probation in Indiana when he moved to Kentucky and had his probation transferred there. A condition of his probation stated that he “shall not commit any act(s) which would be a crime during the period of the probation.”

The state alleged Jackson violated his probation when he was indicted in Kentucky on charges of sexual abuse involving a 12-year-old victim. The indictment was the only evidence introduced during a hearing on the probation violation. His probation officer testified the grand jury indictment constituted a violation of Jackson’s probation. Perry Circuit Judge Mary Lucille Goffinet concluded Jackson violated his probation and at another hearing, revoked it and ordered Jackson serve his previously suspended sentence.

The Court of Appeals reversed because his probation was revoked based solely on the charges in Kentucky being filed against him. The state has to prove by a preponderance of the evidence that Jackson committed the offense, which it did not do in this case, the judges held in Lucas H. Jackson v. State of Indiana, 62A04-1311-CR-563.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon