ILNews

Court reverses probation revocation

Michael W. Hoskins
January 1, 2007
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A mapping system showing a potential day-care center near a residence wasn't enough to convince to the Indiana Court of Appeals that a Marion County sex offender's probation should be revoked for staying at the residence one night.

The court unanimously ruled today in Clinton Carden v. State of Indiana, 49A02-0608-CR-700. Marion Superior Magistrate Nancy Broyles had revoked Carden's four-year probation that was a result of his 2001 guilty plea to one felony count of child molesting and part of his overall 10-year sentence.

He was not to live within 1,000 feet of a school or place frequented by children, had to have a single verifiable residence in Marion County, and was not to be within two blocks of any child-prone area. Carden wanted to live with his girlfriend, but his probation officer used an unidentified "mapping system" to find that wasn't allowed because the address was within the two-block vicinity of an unnamed day care.

Three visits to Carden's address in June 2006 showed that Carden wasn't there, but the presence of his girlfriend's children there concerned the probation officer. Carden told the probation officer he wasn't at his home during the visits because he'd spent one night with his girlfriend and another night with a friend. Within a week, the state filed a probation violation notice against him, and the trial court revoked his probation.

In the appellate decision, the court determined that the trial court committed a fundamental error and deprived Carden of his rights.

"Here, the only evidence used to revoke Carden's probation was [the parole officer's] testimony that some unidentified mapping system showed that the Barnett address was within two blocks of some unnamed daycare center," Judge Nancy Vaidik wrote. "And there was no information that the daycare was even in business when Carden spent the night at [his girlfriend's] address. The error in admitting [the parole officer's] testimony is so prejudicial to Carden's rights as to make a fair trial impossible. Without [the parole officer's] testimony, there is simply no evidence to show that Carden entered within two blocks of a daycare center."
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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