ILNews

Judges uphold revocation of probation

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.

Timothy Hammerlund was on probation following a plea agreement on a drug charge. At the initial hearing on the petition to revoke alleging that Hammerlund failed a drug screen, Hammerlund was advised of his rights to have an attorney. Hammerlund said he understood and admitted that he took the Alprazolam. The trial judge asked Hammerlund if he was admitting to violating his probation by testing positive for the drug and that he would waive his rights he was advised of earlier in the hearing. Hammerlund said he understood.

After his probation was revoked, he appealed, arguing that his wavier of counsel wasn’t knowing or voluntary because the trial judge didn’t question him regarding whether he was aware of the nature, extent and importance of the right to counsel or the pitfalls of waiving it.

In Timothy Hammerlund v. State of Indiana, No. 33A05-1110-CR-562, the appellate court likened his case to Greer v. State, 690 N.E.2d 1214, 1217 (Ind. Ct. App. 1998), in which that panel found Greer’s waiver of counsel was valid. The record in Hammerlund’s case establishes he made a knowing, intelligent and voluntary wavier of counsel. He also didn’t contend or establish he suffered any prejudice.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

ADVERTISEMENT