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Termination of drug court placement over missed therapy affirmed

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A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.

Ann Withers was charged under separate causes with seven methamphetamine- and neglect-related counts, and she agreed to plead guilty to Class B felony dealing in methamphetamine, Class D felony possession of two or more chemical reagents or precursors, and Class D felony neglect of a dependent. She was sentenced to an executed prison term of five-and-a-half years, which was stayed based on her successful completion of Madison County’s Drug Court program.

While Withers had failed no drug screens, her case manager testified she missed three mental health therapy sessions in December 2013, eight months into the program. The manager filed a termination request with electronic signatures of social workers issuing the reports, after which the judge granted the termination request and reinstated the sentence.

"(E)ven if the trial court had erred in judicially noticing the Attendance Reports, any error was harmless," Judge Terry Crone wrote for the panel in Ann Withers v. State of Indiana,  48A02-1403-CR-130. The case manager "testified that Withers missed several therapy sessions, and Withers testified that she had attendance issues. Thus, there was independent evidence of Withers’s violations of the Drug Court program.”

Likewise, there was no abuse of discretion in reinstatement of the sentence, because the sentencing order provided the stay on executing the sentence would be lifted if Withers failed to complete her drug court program.

“Pursuant to the plea agreement, upon termination of her participation, the trial court was required to lift the stay and reinstate her sentences," Crone wrote. "Therefore, we affirm."







 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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