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· 7/20/2012

Devon D. Dokes, Jr. v. State of Indiana

Citations

  • 971 N.E.2d 178
  • 2012 WL 2951428
  • 2012 Ind. App. LEXIS 344

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where defendant did not argue that he was not on probation at the revocation hearing, he could not raise the claim on appeal
  • noting that on review of probation revocation, “we will look to the evidence most favorable to the State and neither reweigh the evidence nor judge the credibility of witnesses.”
  • evidence sufficient to support trial court’s determination that defendant had violated probation by committing a new criminal offense
  • standard of proof for probation violation is preponderance of the evidence; indeed, due to lesser probation revocation evidentiary standard, a finding of guilt is not a necessary precursor for finding probation violation based on new criminal offense
  • “Because of the difference between the burden of proof required to convict someone of a crime and the burden of proof required to revoke probation, the court could revoke probation after finding [defendant] not guilty based on the same evidence.”
  • “Because of the difference between the burden of proof required to convict someone of a crime and the burden of proof required to revoke probation, the court could revoke probation after finding [defendant] not guilty based on the same evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friedlander, Barnes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.