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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. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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