Dawson v. State

Indiana Court of Appeals

Decided July 18, 2001

Indiana Court of Appeals · decided 2001-07-18

Cited by 8 later decisions — most recently October 2018

2 federal appellate · 6 state decisions

Key passage — most relied on by later courts

“Opinion-for publication handed down by the Indiana Court of Appeals concluding that trial court improperly revoked defendant's probation and remands for further proceedings.... Further, Judge Darden ... [finds] that there is no evidence that supports further delay by the State for keeping the defendant locked up and would order immediate release and discharge in this matter. Judge Newman agrees and orders defendant released from DOC.”

quoted by 1 later decision, including In Re Newman

Good law ✅— No negative treatment on recordhow we know

Decided 2001-07-18

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DARDEN, J.,

¶1concurring.

¶2Whereas I wholeheartedly agree with the majority's decision in this case, I write to explain that I think we should go further by ordering the immediate release and discharge of the defendant in this cause. It is obvious that the state has presented its strongest case for revocation of probation and has failed. The remote possibility that the defendant could be incarcerated another day longer while the state reviews our ruling on remand, for further proceedings consistent herein, offends my sense of fair play under the facts in this case. There is no evidence that supports further delay by the state for keeping the defendant locked up.

¶3I would order immediate release and discharge in this matter.