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Court upholds probation revocation

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All of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court of Appeals.

Devon Dokes Jr. was on probation – which included a prohibition against possessing a firearm – when he was charged in 2011 with possession of a handgun by a serious violent felon. The state petitioned to revoke his probation based on this offense and for not paying probation fees.

The probation revocation hearing was held simultaneously with the bench trial on the criminal charge. Two witnesses said they saw Dokes handle the gun in question, but he was found not guilty of the criminal charge. The court did find, however, that he violated his probation, citing the possession charge.

Dokes argued on appeal that the state didn’t meet its evidentiary burden to prove he was on probation; and that because he was found not guilty on the criminal charge, the testimony that he possessed the gun was incredibly dubious and insufficient to support the probation revocation.

There’s no question that Dokes was on probation at the time he was charged with possession, the judges held, and the rule of incredibly dubious testimony doesn’t apply to his case.

They also rejected his argument that he can’t have his probation revoked because the trial judge found him not guilty of the crime.

“Because of the difference between the burden of proof required to convict someone of a crime and the burden of proof required to revoke probation, the court could revoke probation after finding Dokes not guilty based on the same evidence,” wrote Judge Melissa May.

 

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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.

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