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Crawford holding doesn’t apply to probation revocation hearings

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The Indiana Supreme Court rejected a man’s argument Thursday that he should be afforded the same right of confrontation in his probation revocation hearing as is outlined in Crawford v. Washington, 541 U.S. 36 (2004).

Robert Smith was on home detention through Marion County Community Corrections when the community supervisor manager alleged eight counts of violations, including testing positive for drugs. At a hearing on the allegations, the state was allowed to enter into evidence Exhibit 1, which consisted of five lab reports showing Smith tested positive for cocaine and marijuana on five separate occasions, and an affidavit from Megan Jones, the supervisor of the lab that performed the tests. She attested to the positive results of the test.

Smith argued that admitting that evidence violated his due process right to confrontation and it was not reliable because it only spoke of general lab procedures and not specific results.

Smith’s community-corrections placement was revoked, and he was ordered to serve time in the Department of Correction. He has since been released. Because of this, the judges did not address his claim the court erred in not giving him good credit time.

The justices only addressed Smith’s right to confrontation argument, in which he argued that the high court should find his due process right to confrontation requires confrontation as defined in Crawford.

“We reject the argument that Smith’s due process right to confrontation should be the same right to confrontation as defined in Crawford for purposes of the Sixth Amendment; more-over, we reject any argument that Crawford changed the due process analysis we employ in revocation proceedings,” Justice Frank Sullivan wrote.

The justices adopted the “substantial trustworthiness” test in Reyes v. State, 868 N.E.2d 438, 440 n.1 (Ind. 2007), for determining when hearsay evidence should be admitted at probation revocation hearings. In Smith’s case, his due process rights to confrontation weren’t violated by the admission of Exhibit 1 because the evidence supports the trial court’s finding that it was substantially trustworthy. The trial judge found Jones’ affidavit to be reliable.

 

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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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