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COA sides with appellant in probation violation complaint

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The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.

In Linzy C. Clark v. State of Indiana, No. 48A04-1104-CR-249, Linzy Clark appealed the trial court’s denial of his motion to dismiss the notice of probation violation. Clark claimed the state did not file the notice within 45 days of receiving it, as required.

The COA held that when the probation was transferred from Madison County to Tippecanoe County, Tippecanoe County assumed supervisory authority of the case. Clark was on probation when he committed additional offenses, but Tippecanoe County failed to notify the Madison County court of those new offenses. Tippecanoe County also failed to notify Madison County after it erroneously closed Clark’s probation in 2007.

The appeals court held that because the notice to the receiving court is notice to the sentencing court and Madison County did not file the notice within 45 days of receiving notice of the violation, the trial court abused its discretion in denying Clark’s motion to dismiss. The COA, therefore, reversed the trial court.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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