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Wednesday, December 09, 2009

Ind. Decisions - Supreme Court issues one today

In Cornelius Cooper v. State of Indiana, a 9-page, 4-1 opinion, Justice Rucker writes:

The trial court revoked the defendant’s probation and the defendant did not appeal. Instead he filed a motion to reconsider, which the trial court denied. The defendant then appealed challenging the propriety of the original order revoking his probation. We conclude that the only matter properly before us is the denial of the defendant’s motion to reconsider. And on this issue we affirm the judgment of the trial court. * * *

After listening to the evidence and entertaining arguments of counsel, the trial court declared, “there’s not anything there that can convinces [sic] me that [I] should have done anything different then [sic] I did when I did before so your Motion to Reconsider is denied sentence remains the same.” Tr. at 165.

Cooper appealed contending: (1) the trial court violated his right to due process by summarily revoking his probation without providing an opportunity to present witnesses, cross examine witnesses, or to be heard, and (2) the subsequent hearing did not cure the violation because the trial court impermissibly shifted the State’s burden of proof to Cooper. Acknowledging that Cooper did not timely appeal his probation revocation, a divided panel of the Court of Appeals determined that it had inherent discretionary authority to entertain Cooper’s appeal because it qualified as a rare and exceptional case of great public interest. Cooper v. State, 894 N.E.2d 993, 995 (Ind. Ct. App. 2008) (citing Lugar v. State ex rel. Lee, 270 Ind. 45, 383 N.E.2d 287, 289 (1978)). Addressing Cooper’s substantive claim the Court of Appeals reversed the judgment of the trial court and remanded this cause for a new probation revocation hearing. Having previously granted transfer, we now affirm the judgment of the trial court. * * *

The Court of Appeals acknowledged that Cooper did not timely appeal his probation revocation. However the majority nonetheless addressed the merits of Cooper’s claim on grounds that the court had inherent discretionary power to entertain Cooper’s appeal because it qualified as a rare and exceptional case of great public interest. In a concurring opinion Judge Vaidik cautioned against invoking such power. Instead, noting the disagreement among panels of the Court of Appeals on whether probation revocation orders are appealable under Indiana Post-Conviction Rule 2, Judge Vaidik contended that Cooper’s appeal should be decided pursuant to the Rule. See Cooper, 894 N.E.2d at 997 (Vaidik, J., concurring in result).

First, we are of the view that this case is not an appropriate vehicle to resolve the question of whether probation revocation orders are appealable under the Indiana post-conviction rules. * * *

In this case Cooper was afforded a full and fair opportunity to persuade the trial court to grant Cooper’s motion to reconsider the order revoking probation. There was ample evidence before the trial court that Cooper violated the terms of his probation, thus supporting the trial court’s decision to deny the motion to reconsider. And the record before us does not demonstrate that Cooper was prejudiced by the denial.

Conclusion. We affirm the judgment of the trial court.

Shepard, C.J., and Dickson and Sullivan, JJ., concur.
Boehm, J., agrees with Judge Vaidik’s separate opinion concurring in the result reached by the Court of Appeals and therefore respectfully dissents.

Here is the Oct. 6, 2008 Court of Appeals opinion.

Posted by Marcia Oddi on December 9, 2009 09:59 AM
Posted to Ind. Sup.Ct. Decisions