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Court sets drug-court termination requirements

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An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was terminated without minimum due process.

In Robert L. Gosha v. State of Indiana, No. 48A02-0912-CR-1210, the panel reversed Madison Superior Judge Dennis D. Carroll’s denial of a motion to correct error and remanded to the trial court.

Robert Gosha pleaded guilty Nov. 20, 2007, to operating a motor vehicle while privileges are forfeited for life, a Class C felony. The trial court sentenced him to eight years, with four years suspended to probation. Gosha admitted during a June 9, 2009, hearing to violating probation, and the court ordered the previously suspended four years be executed at the Indiana Department of Correction. However, the judge stayed the sanctions pending successful completion of a drug court program. The judge also ordered that if Gosha was removed from the program for any reason, the balance of the executed sentence would be automatically transferred to the DOC.

After he was admitted to the drug court program, cocaine residue and drug paraphernalia were allegedly found at Gosha’s house during a home visit. The drug court conducted a hearing and – without notice and without any evidence presented – terminated Gosha’s participation.

Gosha’s request for an evidentiary hearing was denied, as was his motion to correct error.

He claimed he did not receive minimum due process during the drug court hearing, and even the state conceded he was denied his right to due process. The appellate panel agreed.

Both the state and Gosha urged the appellate court to adopt the same due process requirements afforded defendants in probation-revocation proceedings. The court found support for that argument in Hopper v. State, 546 N.E.2d 106 (Ind. Ct. App. 1989), trans. denied.

Judge Edward Najam wrote, “The due process rights afforded a defendant in probation revocation proceedings, and which we now require for defendants participating in a Drug Court Program, are described as follows: written notice of the claimed violations, disclosure of the evidence against him, an opportunity to be heard and present evidence, the right to confront and cross-examine witnesses, and a neutral and detached hearing body …. Cox v. State, 706 N.E.2d 547, 549 (Ind. 1999).”

“We remand to the trial court with instructions to conduct an evidentiary hearing, with written notice to Gosha of the claimed violations, disclosure of the evidence against him, an opportunity to be heard and to present evidence, and the right to confront and cross-examine witnesses,” the court wrote.
 

 
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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