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Trial court correctly revoked man’s probation in 5 cases

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A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.

At issue are five convictions, dating as far back as 1997, which included probation as part of Paul Hardy’s sentences. Hardy argued that the trial court could not revoke his probation in three of the five cases because he believed the revocation petition was filed more than one year after the maximum termination date under Indiana Code 35-38-2-3. But his argument fails because Hardy signed an agreement extending his probation in these three cases to January 2014 to allow him additional time to complete probation requirements.

The judges rejected his argument that the agreement was improper because he didn’t have an attorney when he signed it and it extended his probation longer than allowed by law.

Chief Judge Margret Robb pointed out that a probation modification agreement is like a plea agreement and once accepted by the trial court, it is binding upon both parties and the trial court. Hardy didn’t raise a challenge to the extension agreement before the trial court, so he waived any issues relating to it, she noted in Paul Hardy v. State of Indiana, 88A01-1203-CR-93.

Regarding the two other cases at issue on appeal, Hardy claimed since his probation hadn’t yet begun when the revocation petitions were filed, the trial court couldn’t revoke his probation and order him to serve his suspended times in these cases.

But trial courts may revoke probation at any time before termination of the period, and it can even be revoked before probation begins, Robb wrote.

 

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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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