ILNews

Court defines due process rights for drug court participants

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The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.

Even the state conceded that Robert L. Gosha was denied his right to due process and believed he should have a new hearing.

In Robert L. Gosha v. State of Indiana, No. 48A02-0912-CR-1210, as part of his probation violation, Gosha was referred to drug court. Sanctions would be stayed if he successfully completed the program. After being admitted, he was allegedly found with drugs and paraphernalia in his home.

The drug court held a hearing without notice and without any evidence presented, and terminated Gosha’s participation in the program. The trial court also denied Gosha’s request for an evidentiary hearing on the ending of his participation and Gosha’s motion to correct error.

Finding Hopper v. State, 546 N.E.2d 106 (Ind. Ct. App. 1989), to be instructive, the Court of Appeals ruled that the due process rights afforded a defendant in probation revocation hearings are now required for defendants participating in a drug court program. Defendants should receive written notice of the claimed violations, disclosure of the evidence, a chance to be heard and present evidence and cross-examine witnesses, and have a neutral and detached hearing body.

The drug court is to conduct an evidentiary hearing to allow Gosha written notice of the violations, and the ability to present evidence and cross-examine witnesses. The judges also noted that a defendant may waive his right to procedural due process, but Gosha didn’t knowingly waive that right.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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