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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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