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COA dismisses appeal as moot since inmate has been released

October 31, 2014

Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.

Nicholas Breedlove pleaded guilty to Class D felony theft for stealing syringes from an Indianapolis hospital. The trial court sentenced him to 365 days in community corrections work release. Less than a month later, Marion County Community Corrections alleged Breedlove committed a violation by refusing to remain at the residential center without harming himself.

Although the trial court ultimately found he did not violate his community corrections placement, the judge revoked his placement on April 3, 2014, and ordered him to spend the rest of his sentence in the DOC. The judge was uncomfortable placing him back in work release after community corrections raised safety concerns.

Breedlove appealed a week later, and was released from the DOC by May 2.

He claimed his due process rights were violated by revoking his placement without first finding a violation occurred. The judges noted in Nicholas Breedlove v. State of Indiana, 49A02-1404-CR-240, that the COA cannot grant him the relief he seeks and his appeal is moot.
 

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