James McCauley v. State of Indiana
2014 Ind. App. LEXIS 600
Ind. Ct. App.2014Background
- On May 31, 2013 McCauley was stopped at a sobriety checkpoint and tested at .22 BAC; charged with a BAC .15+ misdemeanor and OWI with prior (felony). A separate probation revocation petition in another case was pending.
- McCauley was released to a sober-living treatment program while charges were pending but admitted leaving the program without permission and violated its rules.
- He entered a plea: guilty to the Class D felony; State dismissed the misdemeanor and the other revocation petition. Agreement: 3-year sentence (18 months home detention via community corrections, then 18 months informal probation), plus treatment and fee payment requirements.
- Community corrections rules (incorporated into the sentence) prohibited alcohol and required reporting; the court warned McCauley that violation could result in incarceration.
- The State filed a petition to revoke home detention and/or probation alleging alcohol use, missed check-in, unauthorized absence, and unpaid program fees; McCauley admitted some violations and did not contest incarceration.
- The trial court revoked both home detention and informal probation and ordered McCauley to serve the full three-year sentence (less credit) at the Department of Correction. McCauley appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McCauley) | Held |
|---|---|---|---|
| Whether revocation of probation/home detention was an abuse of discretion | Court had statutory and discretionary authority to revoke placement and probation based on violations of home detention/community corrections rules | Revocation of informal probation was improper or unsupported; at most revoke home detention portion | No abuse of discretion; revocation of both placement and probation affirmed |
| Whether revocation violated due process for lack of notice | Notice and initial hearing explicitly sought revocation of both home detention and probation; defendant had opportunity to defend | McCauley lacked sufficient notice that informal probation would be revoked | No due process violation; notice and hearing were adequate |
Key Cases Cited
- Bass v. State, 974 N.E.2d 482 (Ind. Ct. App. 2012) (treating community-corrections-placement revocation like probation revocation)
- Heaton v. State, 984 N.E.2d 614 (Ind. 2013) (probation is a discretionary act of grace and subject to revocation)
- Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (trial court has leeway in probation decisions)
- Smith v. State, 963 N.E.2d 1110 (Ind. 2012) (standard for abuse of discretion review)
- Toomey v. State, 887 N.E.2d 122 (Ind. Ct. App. 2008) (statute authorizes revocation of community-corrections placements even if hearing evidence focuses on related violations)
- Mathews v. State, 907 N.E.2d 1079 (Ind. Ct. App. 2009) (due process rights in probation revocation are more limited than criminal trials)
- Williams v. State, 937 N.E.2d 930 (Ind. Ct. App. 2010) (probation-revocation procedures may be flexible to protect public safety)