Paul Sparks v. State of Indiana
983 N.E.2d 221
| Ind. Ct. App. | 2013Background
- Sparks was convicted of battery (Class C felony) and invasion of privacy (Class A misdemeanor) in 2012 and sentenced to concurrent suspended terms of five years and one year, respectively.
- He was placed on two years of probation with inpatient alcohol treatment at Hebron Center in Bloomington for one year, followed by one year in a probation-approved program.
- The State filed a probation-violation notice on May 22, 2012, alleging Sparks left the Hebron Center on May 17, 2012 without notice.
- At a June 29, 2012 hearing, the court suggested a four-year sentence if Sparks admitted the violation; Sparks admitted under oath after a recess.
- The court revoked probation and ordered Sparks to serve the full five-year suspended sentence; Sparks appeals arguing due process violations in the revocation hearing.
- The appellate court reverses and remands for a new probation-revocation hearing conducted in accordance with due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the probation-revocation hearing violated due process | Sparks contends the hearing lacked due-process safeguards, including no evidentiary hearing and potential coercion from the court's remark. | State asserts an evidentiary hearing is not required if there is an admission, and the admission can be considered. | Yes; due-process violation requires reversal and remand for a new hearing. |
Key Cases Cited
- Cooper v. State, 917 N.E.2d 667 (Ind. 2009) (probation is a favor, revocation reviewed for abuse of discretion with due-process protections)
- Woods v. State, 892 N.E.2d 637 (Ind. 2008) (two-step probation-revocation process; evidentiary hearing when needed)
- Parker v. State, 676 N.E.2d 1083 (Ind. Ct. App. 1997) (due-process requirements in probation-admission scenarios)
- Morrissey v. Brewer, 408 U.S. 471 (U.S. Supreme Court 1972) (due-process standard for parole/probation revocation)
- Eckes v. State, 562 N.E.2d 443 (Ind. Ct. App. 1990) (fundamental error when no evidentiary hearing is held)
- Dalton v. State, 560 N.E.2d 558 (Ind. Ct. App. 1990) (informal court discussions do not constitute evidentiary hearing)
- Sims v. State, 547 N.E.2d 895 (Ind. Ct. App. 1989) (whether admission to violation must be voluntary; discussion of coercion and consequences)
- Eaton v. State, 894 N.E.2d 213 (Ind. Ct. App. 2008) (counsel-rights notice when probation is revoked and admission occurs)
- Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (probation-revocation sentencing flexibility and due-process considerations)