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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.