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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All of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court of Appeals.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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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