Man entitled to new probation revocation hearing

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The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”

Jesse Puckett was 18 years old when he had sex with a 12-year-old girl, whom he thought was older based on how she looked and what the girl told him. Puckett pleaded guilty to one count of Class C felony child molesting in exchange for the dismissal of two Class B felony molesting charges. He received a sentence of four years, suspended to probation. The state later alleged Puckett violated probation for several reasons, including having contact with a person under the age of 18 and failing to register as a sex offender.

Puckett pleaded guilty to one count of Class D felony failure to register, and most of that sentence was suspended with the remaining six months executed. At a hearing on the state’s third amended petition to revoke probation, a special judge had to be appointed because the prosecutor at the time of Puckett’s original sentencing was now the trial judge. Puckett indicated he would admit to violating his probation by committing the Class D felony failure to register and the state would dismiss and not present any evidence on any of the other probation violation allegations.

Special Judge James Heimann made several comments before imposing the sentence on Puckett, including references to Puckett having sex with the 12-year-old, even though his guilty plea was only on a charge of fondling with intent to arouse. Heimann also commented about how he often checks the sex offender registry for information around his home and was surprised that Puckett’s original sentence was completely suspended.

In Jesse Puckett v. State of Indiana, No. 90A02-1104-CR-369, the Court of Appeals found Heimann’s statements for entirely revoking Puckett’s probation and making him serve the four years that were suspended to be problematic. Heimann continually repeated displeasure with Puckett’s original plea agreement. A trial court’s belief that a sentence imposed under a plea agreement was “too lenient” isn’t a proper basis to use for determining the length of a sentence to be imposed for a probation revocation, wrote Judge Michael Barnes. It’s also improper when revoking probation for a trial court to find that the defendant actually committed a more serious crime than the one or ones of which he or she was originally convicted.

The judges didn’t hold that any single “error” in a probation revocation statement will warrant reversal, but taken together, the trial court’s statement of reasons regarding Puckett’s revocation leads the appellate court to find Heimann abused his discretion by considering improper factors before imposing the sentence. They ordered another hearing on the revocation of probation. Barnes noted that the COA declined to require Heimann to recuse himself because there hasn’t been a motion for a change of judge.   


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...