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COA splits on need for evidentiary hearing in revocation

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The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.

When a probationer admits to a violation of probation, the due process requirements of an evidentiary hearing, and confrontation and cross-examination of the witnesses is unnecessary. Robert Beeler was serving his sentence following a guilty plea to felony robbery and criminal confinement in Marion County Community Corrections Home Detention. The state alleged he violated the terms of community corrections because he had been alleged to be a juvenile delinquent in another case and did not comply with the rules of home detention.

According to a CCS entry in Beeler’s robbery and criminal confinement case, he admitted to all four counts under the notice of violation of community corrections and the two counts charged under the notice of violation of probation. The trial court found he violated the terms and ordered him to serve six years of his previously suspended sentence.

Since Beeler didn’t object to the trial court revoking his community corrections placement and probation, he must prove the court made a fundamental error. The only indication on record that Beeler admitted to violating the terms was the CCS entry to that effect. In Robert Beeler v. State of Indiana, No. 49A05-1007-CR-456, the majority concluded that was enough to establish an admission and thus waive the requirement of an evidentiary hearing. The majority cited Epps v. State, 244 Ind. 515. 525, 192 N.E.2d 459, 464 (1963), and Trojnar v. Trojnar, 698 N.E.2d 301, 304 (Ind. 1998), to support their ruling.

Judge Terry Crone dissented, pointing out that there was no transcript containing Beeler’s admission. He disagreed with the state’s position that the appellate court should be able to rely on the trial court’s assertions in its docket to establish the truth of events even when the transcript doesn’t specifically verify them.

“Given the fundamental due process and liberty interests at stake, and given that the transcript actually contradicts the CCS’s version of events, I disagree with the State’s position,” he wrote. “If Beeler admitted to a probation violation off the record – a fact that Beeler does not concede on appeal – it was incumbent upon the State to ensure that the admission was repeated on the record. This it failed to do.”

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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