Robinson v. State
955 N.E.2d 228
| Ind. Ct. App. | 2011Background
- Robinson challenged probation revocation based on admission of a probable cause affidavit with multiple levels of hearsay.
- Robinson pled guilty to battery on September 7, 2010 and received 365 days with 361 suspended to probation.
- On September 30, 2010 Robinson was arrested after Latonia Green reported domestic violence while living with him and their child.
- Detective Zentz relied on Green’s statements relayed by Officer Sharp to prepare the probable cause affidavit (State's Ex. 5).
- The probation revocation hearing admitted the affidavit over objection; the court later found violations including the September 30, 2010 arrest.
- The court affirmed the revocation despite finding error in the affidavit’s admission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of a multi-level hearsay probable cause affidavit in probation revocation | Robinson argues the affidavit is unreliable and violates confrontation | State argues hearsay is admissible with good cause and substantial trustworthiness in probation hearings | Abuse of discretion; affidavit improperly admitted |
Key Cases Cited
- Reyes v. State, 868 N.E.2d 438 (Ind.2007) (probation hearings permit hearsay with careful reliability review; confrontation limits apply less strictly)
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S.1973) (due process in probation revocation; live testimony not always required)
- Cox v. State, 706 N.E.2d 547 (Ind.1999) (due process rights and confrontation considerations in probation proceedings)
- Whatley v. State, 847 N.E.2d 1007 (Ind.Ct.App.2006) (probable cause affidavits generally reliable where affiant’s direct involvement exists)
- Mateyko v. State, 901 N.E.2d 554 (Ind.Ct.App.2009) (triple-hearsay in probation context warrants prima facie error)
- Figures v. State, 920 N.E.2d 267 (Ind.Ct.App.2010) (reliability of hearsay evidence in probation revocation requires explanation on the record)
- Tate v. State, 835 N.E.2d 499 (Ind.Ct.App.2005) (probation revocation evidence must meet reliability standards)
- Baxter v. State, 774 N.E.2d 1037 (Ind.Ct.App.2002) (hearsay affidavits may be unreliable when not by proper affiant)