probation

COA: Search under probation did not violate Fourth Amendment

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a warrantless search of property did not violate a man's Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
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Attorney: Child molest convict vows to support daughter

March 4, 2016
 Associated Press
The attorney for an Indianapolis man sentenced to 12 years on probation for molesting his daughter says his client has promised to devote his life to financially support the girl since he has avoided prison.
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Officials: 'Affluenza' teen, mother detained in Mexico

December 29, 2015
 Associated Press
A sheriff in Dallas said Tuesday an arrest warrant will be issued for a Texas woman who was found with her son in Mexico, a teenager on probation after killing four people in a drunken-driving wreck and invoking an "affluenza" defense
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Court orders man’s probation period reduced

November 18, 2015
Jennifer Nelson
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
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Lack of evidence leads COA to reverse probation violation

November 13, 2015
Dave Stafford
A Franklin County man who was ordered to spend five months in the Department of Correction after an alleged probation violation won a reversal of the trial court order Friday for lack of evidence.
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Indiana man removed from sex offender registries in 2 states

November 6, 2015
 Associated Press
A 20-year-old Indiana man sentenced to two years' probation for having consensual sex with a 14-year-old Michigan girl who lied about her age has been taken off sex offender registries in both states, and his lawyer said he is seeking to modify some terms of his probation.
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Evidence of new crimes sufficient to revoke probation

September 23, 2015
Dave Stafford
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
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Sex offender wins right to view legal adult porn

August 7, 2015
Dave Stafford
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
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COA reverses probation revocation of man unable to fully pay restitution

June 10, 2015
Jennifer Nelson
A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.
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Probationer’s admission to smoking marijuana supports revocation

May 27, 2015
Jennifer Nelson
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
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PCR court erred in determining woman violated probation

May 11, 2015
Jennifer Nelson
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
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7th Circuit wants rationale for sentence

May 5, 2015
Marilyn Odendahl
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.
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7th Circuit affirms Outlaws members’ convictions, remands over suspicionless search condition

April 1, 2015
Jennifer Nelson
Three members of the Indianapolis Chapter of the Outlaws Motorcycle Club lost their appeals before the 7th Circuit Court of Appeals Tuesday, however, the judges did decide that one man’s probation condition needs further consideration.
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Ambiguous probation condition leads to reversal of violation finding

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.
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COA orders man resentenced with credit time considered

March 31, 2015
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.
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Failure to conduct indigency hearing results in remand

March 6, 2015
Dave Stafford
A trial court that imposed a $340 probation fee on a defendant sentenced on misdemeanor convictions must be revisited because the court failed to conduct a hearing on the defendant’s ability to pay.
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Lawyer to justices: 4th Amendment waivers require reasonable suspicion

February 11, 2015
Dave Stafford
Community corrections officers should have cause before searching the home of someone who has signed a waiver of their Fourth Amendment rights as a condition of probation, a lawyer argued recently before the Indiana Supreme Court.
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Majority finds no error regarding potential electronic monitoring

February 4, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that a trial court had improperly delegated to a community corrections program the authority to decide whether he should be subject to electronic monitoring.
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Government: Tweak Conour release conditions

January 5, 2015
Dave Stafford
Special conditions imposed on convicted fraudster and former attorney William Conour after he serves a 10-year federal sentence should be modified, but the conditions largely should stay in place, according to the government’s brief in his appeal.
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Court affirms probation revocation, total time ordered in DOC

December 10, 2014
Jennifer Nelson
A Vigo County man lost his argument before the Indiana Court of Appeals that his term of informal probation should not have been revoked by the trial court after he violated terms of his placement in a home detention program.
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Court must make findings in denying visitation for imprisoned dad

August 26, 2014
Dave Stafford
A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.
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Plea agreement did not give court ability to impose restrictive probation

June 30, 2014
Marilyn Odendahl
A trial court went too far when it accepted a plea agreement then imposed a one-year term in work release as a condition of probation, the Indiana Supreme Court ruled.
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COA: Man not entitled to have restricted access to OWI conviction

April 30, 2014
Jennifer Nelson
Because a man committed another crime while on probation, he failed to satisfy the obligations imposed as part of his sentence, so he did not qualify to have access to his conviction records restricted under Indiana Code 35-38-8, the Indiana Court of Appeals affirmed.
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COA: Judge abused discretion by revoking probation

April 15, 2014
Jennifer Nelson
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
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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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