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COA splits, reverses probation revocation

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The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.

Judges Carr Darden and Margret Robb believed the circumstances surrounding Paul Davis' case were similar to that of Martin v. State, 813 N.E.2d 388 (Ind. Ct. App. 2004). In that case, the trial court revoked Martin's probation after he admitted being arrested and that charges were pending, but the state provided no evidence or the probable cause affidavit for the charges prior to the court finding he violated his probation. The appellate court overturned the revocation, finding the evidence was insufficient to support revoking his probation.

In Davis v. State, No. 49A04-0907-CR-379, Davis' attorney admitted at the probation revocation hearing that Davis had been arrested but didn't state what the allegations were. His attorney also told the judge "The agreement is twelve years DOC contingent also upon the fact that if he beats that Court Five case, we would be allowed to come back to have the twelve years revisited."

Just as in Martin, the state failed to provide evidence that Davis had committed a criminal offense. The trial court was unaware as to the specific allegations and Davis' attorney only admitted that Davis was arrested.

"As there was only an admission to an arrest without a probable cause finding and neither party entered the probable cause affidavit into evidence, we find that the probation revocation hearing denied Davis minimum due process," wrote Judge Darden.

The majority also rejected the state's argument that Davis wasn't entitled to due process rights because he admitted to violating his probation. But when the admission itself is insufficient to support a probation revocation, it doesn't render the procedural due process safeguards and evidentiary hearing unnecessary, wrote the judge.

In his dissent, Judge Paul Mathias acknowledged that an arrest, standing alone, doesn't support the revocation of probation, but Davis didn't just admit he had been arrested. He also referred to the agreement between Davis and the state that he agreed his probation would be revoked, but he would have the right to revisit the issue if he was acquitted on the pending charges.

"Here, Davis not only admitted to the historical fact that he had been arrested, his counsel also agreed that his probation would be revoked. Although Davis did not personally speak during the revocation hearing, his counsel's admission is binding on him," he wrote.

For these reasons, he would hold Davis wasn't denied due process and would uphold his probation revocation.

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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