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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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