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Judges divided over prison term for probation violation

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The Indiana Court of Appeals was divided in affirming a man’s revocation of probation and order that he serve 12 years of his suspended sentence, with the dissenting judge finding this decision will penalize his child who is relying on support payments.

Johnny Ray Jenkins challenged the determination that he violated the terms and conditions of his probation, claiming the state didn’t sufficiently show that he knowingly failed to pay court costs or probation fees. He didn’t challenge the finding that he violated probation by failing to timely report to the probation department, which on its own would be sufficient to support his probation revocation, noted Judge Edward Najam in Johnny Ray Jenkins v. State of Indiana, No. 48A04-1102-CR-64.

Jenkins admitted he didn’t pay the court costs and fees and was able to hold a job and set up child support for his child. Jenkins never pointed to any mitigating evidence on the record to explain why he hadn’t paid those obligations, so the majority concluded that the trial court didn’t abuse its discretion in finding he violated his terms of his probation by not paying the costs.

Najam and Judge Melissa May also upheld the order Jenkins serve 12 years of his previously suspended sentence, pointing to the fact that Jenkins admitted that he failed to pay the court costs and fees, he had not reported to probation for more than one year and he had four prior probation violations.

“Again, probation is a matter of grace, not a right,” wrote Najam.

Judge Patricia Riley dissented on the matter of the 12-year sentence, arguing for the trial court to impose an alternative sentence. She pointed out that Jenkins was able to get a job and set up child support for his child after he was released from prison.

“Returning him to the Indiana Department of Correction for twelve years, not only punishes Jenkins for improving his life while he was on probation, but also penalizes his child who is relying on the support payments,” she wrote. “Furthermore, indiscriminately sending him to the DOC for failing to pay some minimal court fees and costs without taking into account his undeniable rehabilitation, his employment status, and the contributions to his child’s life, will bring us onto the slippery slope of a debtor’s prison.”

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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