Indiana Court of Appeals· 9/26/2008
Eaton v. State
Citations
- 894 N.E.2d 213
- 2008 Ind. App. LEXIS 2107
- 2008 WL 4367871
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant did not waive his statutory right to counsel at his probation revocation proceeding because he did not make an unequivocal waiver and was not properly advised of his right to counsel
- concluding counsel was not waived and the defendant was not adequately advised as to the consequences of waiver
- reversing and remanding when probationer received inadequate advisements during the probation revocation hearing and therefore did not waive the right to counsel voluntarily, knowingly, and intelligently
- distinguishing Greer, below, holding that a judge’s inquiry during a probation revocation hearing was insufficient where the defendant’s waiver was equivocal and the defendant had admitted some allegations without receiving advisements or a determination of competency
- distinguishing Greer, below, holding that a judge's inquiry during a probation revocation hearing was insufficient where the defendant's waiver was equivocal and the defendant had admitted some allegations without receiving advisements or a determination of competency
- a waiver of counsel during a probation revocation hearing must be made knowingly and voluntarily
Source: CourtListener parenthetical corpus (CC0).
Judges: Bailey, Bradford, Riley
Read full opinion on CourtListenerCited by
18 cases in this archive cite this case.
- Hopper v. StateIndiana Supreme Court· 2011-11-29· cited 51×
- Cooper v. StateIndiana Court of Appeals· 2009-01-29· cited 26×
- Paul Sparks v. State of IndianaIndiana Court of Appeals· 2013-02-26· cited 21×
- A.S. v. StateIndiana Court of Appeals· 2010-03-25· cited 7×
- Hopper v. StateIndiana Court of Appeals· 2010-04-28· cited 5×
- Silvers v. StateIndiana Court of Appeals· 2011-03-31· cited 4×
- James A. Hart v. State of IndianaIndiana Court of Appeals· 2017-06-21· cited 4×
- Stephen Wirthlin v. State of IndianaIndiana Court of Appeals· 2018-04-11· cited 4×
- As v. StateIndiana Court of Appeals· 2010-03-25
- Richard K. Dean v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2017-06-15
- Allyson B. Allen v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2017-10-20
- Timothy Davis v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2018-08-29
- Zachary Gearring v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2019-10-03
- Chad A. Phipps v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2019-11-19
- Dale M. Thomas v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2020-05-01
- James A. Holder, Sr. v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2020-05-22
- Jeffrey Sparks v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2020-09-17
- Louis H. Howard, Jr. v. State of Indiana (mem. dec.)Indiana Court of Appeals· 2020-11-06
Cites
17 cases in this archive are cited by this case.
- Faretta v. CaliforniaSupreme Court· 1975-06-30· cited 11,585×
- Morrissey v. BrewerSupreme Court· 1972-06-29· cited 10,835×
- Johnson v. ZerbstSupreme Court· 1938-05-31· cited 10,545×
- Von Moltke v. GilliesSupreme Court· 1948-01-19· cited 1,645×
- Parker v. StateIndiana Court of Appeals· 1997-02-12· cited 70×
- Cox v. StateIndiana Court of Appeals· 2006-07-13· cited 53×
- Dowell v. StateIndiana Court of Appeals· 1990-08-06· cited 52×
- Kubsch v. StateIndiana Supreme Court· 2007-05-22· cited 51×
- Fitzgerald v. StateIndiana Supreme Court· 1970-04-21· cited 45×
- Koehler v. StateIndiana Supreme Court· 1986-10-27· cited 37×
- Wallace v. StateIndiana Court of Appeals· 1977-03-28· cited 25×
- Piper v. StateIndiana Court of Appeals· 2002-06-27· cited 22×
- Grubbs v. StateIndiana Supreme Court· 1970-12-21· cited 21×
- Greer v. StateIndiana Court of Appeals· 1998-01-27· cited 20×
- Shelton v. StateIndiana Court of Appeals· 1979-06-18· cited 19×
- Bumbalough v. StateIndiana Court of Appeals· 2007-09-25· cited 17×
- Mitchell v. StateIndiana Court of Appeals· 1981-03-10· cited 16×
Sourced from CourtListener / Free Law Project (CC0).
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