ILNews

Defendant's fleeing justifies delayed arrest

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The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.

Jason B. Saunders pleaded guilty to operating a motor vehicle while intoxicated as a Class D felony in 2000, received a suspended sentence, and was placed on probation for two years. He was ordered to obey all laws and refrain from alcohol consumption. A month later, the state filed a notice of probation violation because Saunders never reported to the probation officer as ordered. An arrest warrant was issued the same day, and 11 years later, the warrant was expanded to include Tennessee.

Saunders was arrested in 2011 and had committed several offenses in Tennessee while on probation in Indiana. The trial court rejected his probation officer’s recommendation that he receive a 180-day sanction so that he could go back to Tennessee to face his probation penalties there using “Tennessee tax payers’ money.”

On appeal, Saunders claimed that the state’s 11-year delay in arresting him and pursuing the 2000 probation revocation matter amounted to a denial of his right to due process. He didn’t raise those arguments on the trial level, so the appellate court considered whether there was a fundamental error. Any prejudice that may have resulted to Saunders was because he fled from Indiana for 11 years. He admitted to all the violations and hasn’t shown his defense to the violations was impaired by the state’s delay in prosecution, wrote Judge John Baker.

Saunders’ violation of two conditions of his probation, which included committing several new offenses, justified the imposition of the entirety of his previously suspended three-year sentence, the judges held in Jason B. Saunders v. State of Indiana, No. 06A01-1111-CR-596.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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