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. 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!!!

  2. 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?

  3. 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?

  4. 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.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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