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Judges uphold revocation of probation

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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After his probation was revoked, he appealed, arguing that his wavier of counsel wasn’t knowing or voluntary because the trial judge didn’t question him regarding whether he was aware of the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.

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

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