Articles

COA: Trial court must impose probation fees for felonies

The Marion Superior Court must hold an indigency hearing and correct its failure to impose probation fees on a man convicted of a felony after the Indiana Court of Appeals determined Thursday that state statute requires the imposition of probation fees for felony convictions.

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Justices to review who can waive rights of mentally ill

The Indiana Supreme Court will decide whether trial courts have authority to waive respondents’ rights to be present at their mental health commitment hearings after granting transfer to a case in which a man was not present for his commitment hearing.

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COA affirms authority given to community corrections directors

A state statute allowing community corrections program directors to recommend the revocation of an offender’s placement is not unconstitutional because it does not infringe upon the power of the judicial branch, the Indiana Court of Appeals has ruled in a decision upholding a Vigo County revocation decision.

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Supreme Court: Community Corrections can’t revoke good time credit

Directors of community corrections programs do not have authority to revoke inmates’ good time credit as a disciplinary measure because the Indiana Department of Correction has not yet delegated that authority to community corrections programs, the Indiana Supreme Court ruled Friday. The decision reversed rulings in the trial court and Court of Appeals.

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COA orders new probation violation hearing in pro se case

The Indiana Court of Appeals has ordered a trial court to give a Franklin County man a new fact-finding hearing on the petition to revoke his probation after determining he did not voluntarily, knowingly and intelligently waive his right to counsel at the hearing.

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Sentence, probation conditions confirmed for man convicted of incest

The Indiana Court of Appeals has affirmed the three-year advisory sentence imposed on a man convicted of committing incest with his teenage niece and the imposition of sex offender probation conditions against the man, though one appellate judge found one of those conditions to be unduly intrusive.

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Probation revocation affirmed for man convicted of raping 92-year-old woman

An Indiana trial court was not required to hold a competency hearing before revoking a man’s probation on a rape conviction because the man did not request such a hearing and did not prove that his mental illness was so severe as to relieve him of criminal responsibility for violating his probation, the Indiana Court of Appeals ruled Thursday.

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COA reduces woman’s OWI conviction, orders new hearing on fees

A trial court did not properly determine whether a woman had the ability to pay fees owed after being convicted of a misdemeanor drunken-driving charge, so the Indiana Court of Appeals ordered the case back to the trial court. The judges also ordered her conviction reduced based on the evidence presented at trial.

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Court must reconsider sanction for probation violations

An Indiana trial court must revisit the sanction it imposed pursuant to an agreement on a Washington County woman who violated her probation. The Indiana Court of Appeals held Monday that the trial court had discretion to determine what the appropriate sanction should be.

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