· 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 CourtListenerSourced 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.