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Tuesday, April 15, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In Lucas H. Jackson v. State of Indiana ,, a 6-page opinion, Judge Pyle writes:

Lucas H. Jackson (“Jackson”) appeals the trial court’s revocation of his probation. We reverse.

Issue. Whether the trial court abused its discretion by revoking Jackson’s probation based upon Jackson being charged with an additional offense. * * *

Here, the only probation violation alleged by the State was that criminal charges had been filed against Jackson in Kentucky. The only evidence submitted at the evidentiary hearing was a copy of the indictment against Jackson and the probation officer’s assertion that the indictment constituted a violation of Jackson’s probation that he not commit another crime during probation. The trial court did not determine, by a preponderance of the evidence, that Jackson had actually committed a new criminal offense. Instead, the trial court determined that Jackson was in violation of probation by merely “being charged with a new offense[.]”

Based on the record before us, we conclude that the trial court abused its discretion by revoking Jackson’s probation and we reverse the trial court’s revocation of Jackson’s probation. See, e.g., Martin, 813 N.E.2d at 391 (holding that the fact criminal charges were filed against a probationer did not warrant revocation of probation); Heaton, 984 N.E.2d at 617 (holding that to revoke a defendant’s probation based on the allegation that he committed a new criminal offense, the trial court must find that the evidence established by a preponderance of the evidence that the defendant committed a new criminal offense).

NFP civil opinions today (2):

Antrone Crockett v. Clair Barnes and Mark Sevier (NFP)

Patricia Leslie v. Liberty Dialysis, Inc., Liberty Dialysis-Lebanon, LLC., Witham Memorial Hospital, and NLMP, Inc. (NFP)

NFP criminal opinions today (7):

Tammy Carter v. State of Indiana (NFP)

Edrece Bryant v. State of Indiana (NFP)

Mark Conner v. State of Indiana (NFP)

Lloyd W. Mezick v. State of Indiana (NFP)

Regina Choice v. State of Indiana (NFP)

Kenton T. Winder v. State of Indiana (NFP)

Jason R. Barton v. State of Indiana (NFP)

Posted by Marcia Oddi on April 15, 2014 10:26 AM
Posted to Ind. App.Ct. Decisions