factual determination violation (Indiana) · Go Syfert
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factual determination violation in Indiana

142 Indiana opinions name it 2 courts 1998–2026 5 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

CaseFollowedCited
Woods v. Stategreen
ind · 2008 · cited in 54 Indiana opinions naming this issue, 2009–2026
2 sentences

2026First, the trial court must make a factual determination that a violation of a condition of probation actually occurred.” Heaton, 984 N.E.2d at 616 (citing Woods v. State, 892 N.E.2d 637, 640 (Ind. 2008)).

2020First, the trial court must make a factual determination that a violation of a condition of probation actually occurred.” Heaton, 984 N.E.2d at 616 (citing Woods v. State, 892 N.E.2d 637, 640 (Ind. 2008)).

2754
Sanders v. Stategreen
indctapp · 2005 · cited in 11 Indiana opinions naming this issue, 2012–2019
2 sentences

2019Sanders v. State, 825 N.E.2d 952, 955 (Ind. Ct. App. 2005), trans. denied.

2019Sanders v. State, 825 N.E.2d 952, 955 (Ind. Ct. App. 2005), trans. denied.

811
Vernon v. Stategreen
indctapp · 2009 · cited in 7 Indiana opinions naming this issue, 2010–2018
2 sentences

2018If a violation is proven, then the Court of Appeals of Indiana | Memorandum Decision 18A-CR-1414 | November 13, 2018 Page 3 of 7 trial court must determine if the violation warrants revocation of the probation.” Vernon v. State, 903 N.E.2d 533, 537 (Ind. Ct. App. 2009) (citations omitted), trans. denied.

2016If a violation is proven, then the trial court must determine if the violation warrants revocation of the probation.” Vernon v. State, 903 N.E.2d 533, 537 (Ind. Ct. App. 2009), trans. denied.

67
Kimberly Heaton v. State of Indianagreen
ind · 2013 · cited in 19 Indiana opinions naming this issue, 2013–2026
2 sentences

2026First, the trial court must make a factual determination that a violation of a condition of probation actually occurred.” Heaton, 984 N.E.2d at 616 (citing Woods v. State, 892 N.E.2d 637, 640 (Ind. 2008)).

2025Again, we disagree. [16] When a probation violation is alleged, the trial court engages in two functions: “[f]irst, the trial court must make a factual determination that a violation of a condition of probation actually occurred;” and “[s]econd, if a violation is found, then the trial court must determine the appropriate sanctions for the violation.” Heaton v. State, 984 N.E.2d 614, 616 (Ind. 2013).

419
Parker v. Stategreen
indctapp · 1997 · cited in 8 Indiana opinions naming this issue, 1998–2018
2 sentences

2018If a violation is proven, then the trial court must determine if the violation warrants revocation of the probation.” Parker v. State, 676 N.E.2d 1083, 1085 (Ind. Ct. App. 1997).

2016Id.

38
Justin S. Johnson v. State of Indianagreen
indctapp · 2016 · cited in 5 Indiana opinions naming this issue, 2017–2020
2 sentences

2020Id.

2017Johnson v. State, 62 N.E.3d 1224, 1229 (Ind. Ct. App. 2016). [7] Revocation is a two-step process: first, the trial court must make a factual determination that a violation of a condition of placement occurred, and if a violation is proven, the trial court must then determine if the violation warrants revocation.

35
Beeler v. Stategreen
indctapp · 2011 · cited in 4 Indiana opinions naming this issue, 2013–2014
2 sentences

2014Beeler v. State, 959 N.E.2d 828, 829-30 (Ind. Ct. App. 2011).

2014Beeler v. State, 959 N.E.2d 828 , 829–30 (Ind. Ct. App. 2011).

34
Cox v. Stategreen
indctapp · 2006 · cited in 14 Indiana opinions naming this issue, 2011–2017
2 sentences

2017Id.

2015Cox v. State, 850 N.E.2d 485, 488 (Ind. Ct. App. 2006).2 First, the court must make a factual determination that a violation of probation has occurred.

114
Morrissey v. Brewergreen
scotus · 1972 · cited in 8 Indiana opinions naming this issue, 2005–2014
2 sentences

2012First, the court must make a factual determination that a violation of a condition of probation actually occurred .... [T]hen, the trial court must determine if the violation warrants revocation of the probation.” Woods, 892 N.E.2d at 640 (Ind.2008) (citing Morrissey v. Brewer, 408 U.S. 471, 479-80 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972)).

2012First, the court must make a factual determination that a violation of a condition of probation actually occurred .... [T]hen, the trial court must determine if the violation warrants revocation of the probation.” Woods, 892 N.E.2d at 640 (Ind.2008) (citing Morrissey v. Brewer, 408 U.S. 471, 479-80 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972)).

18
Terrell v. Stategreen
indctapp · 2008 · cited in 2 Indiana opinions naming this issue, 2009–2013
2 sentences

2013Terrell v. State, 886 N.E.2d 98, 103 (Ind. Ct. App. 2008), trans. denied.

2009Woods, 892 N.E.2d at 640 ; Terrell, 886 N.E.2d at 101 .

12
Cox v. Stategreen
ind · 1999 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Woods v. State, 892 N.E.2d 637, 640 (Ind. 2008); Cox v. State, 706 N.E.2d 547, 549 (Ind. 1999), reh’g denied.

11
Braxton v. Stategreen
ind · 1995 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018With respect to this initial determination, “[a] probation hearing is civil in nature,” Braxton v. State, 651 N.E.2d 268, 270 (Ind. 1995), and the State “must prove the violation by a preponderance of the evidence,” Ind. Code § 35 - 38-2-3(f).

11
Paul Hardy v. State of Indianagreen
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017Johnson v. State, 62 N.E.3d 1224, 1229 (Ind. Ct. App. 2016); Hardy v. State, 975 N.E.2d 833, 835 (Ind. Ct. App. 2012).

11
United States v. James Clinton Hollandgreen
ca5 · 1988 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012“However, even a probationer who admits the allegations against him must still be given an opportunity to offer mitigating evidence suggesting that the violation does not warrant revocation.” Id. (citing United States v. Holland, 850 F.2d 1048, 1051 (5th Cir.1988) (per curiam)).

11
Ben-Yisrayl v. Stategreen
ind · 2000 · cited in 1 Indiana opinions naming this issue, 2009–2009
2 sentences

2009Ben-Yisrayl v. State, 729 N.E.2d 102, 105-06 (Ind.2000).

2009Ben-Yisrayl v. State, 729 N.E.2d 102, 105-06 (Ind. 2000).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Lucas H. Jackson v. State of Indiana green
indctapp · 2014
2 sentences

2018“First, the trial court must make a factual determination that a violation of a condition of probation actually occurred.” Id. (citing Woods v. State, 892 N.E.2d 637, 640 (Ind. 2008)).

2018“First, the trial court must make a factual determination that a violation of a condition of probation actually occurred.” Id. (citing Woods v. State, 892 N.E.2d 637, 640 (Ind. 2008)).

72017–2018
Alford v. State green
indctapp · 2012
2 sentences

2016Id.

2014Id.

72012–2016
Paul Sparks v. State of Indiana green
indctapp · 2013
2 sentences

2019“Second, if a violation is proven, the trial court must determine whether the violation warrants revocation of the probation.” Id.

2019“First, the court must make a factual determination that a violation of a condition of probation has taken place.” Id.

22017–2019
Derrian N. Hampton v. State of Indiana green
indctapp · 2017
2 sentences

2019Id.

2019“First, the trial court makes a factual determination that a violation of a condition of probation actually occurred; second, if a violation is proven, the trial court must determine if the violation warrants a revocation of the probation.” Id.

22019–2019
James Ripps v. State of Indiana green
indctapp · 2012
2 sentences

2016Id.

2014Ripps, 968 N.E.2d at 326 .

22014–2016
Jeffery Overstreet v. State of Indiana green
indctapp · 2019
1 sentence

2026Davis’s argument concerning the sufficiency of the evidence is merely a request to reweigh the evidence and the credibility of the witnesses. [23] After the trial court makes a factual determination that a violation of a condition has occurred, the court “must determine if the violation warrants revocation of the probation.” Overstreet v. State, 136 N.E.3d 260 , 263 (Ind. Ct. App. 2019), trans. denied.

12026–2026
Chad E. Hammann v. State of Indiana green
indctapp · 2023
1 sentence

2025Indiana Code Section 35-38-2-3(h) governs such sanctions and provides: If the court finds that the person has violated a condition at any time before termination of the period, and the petition to revoke is filed within the probationary period, the court may impose one (1) or more of the following sanctions: (1) Continue the person on probation, with or without modifying or enlarging the conditions. (2) Extend the person’s probationary period for not more than one (1) year beyond the original probationary period. (3) Order execution of all or part of the sentence that was suspended at the time

12025–2025
Brad L. Sullivan v. State of Indiana green
indctapp · 2016
1 sentence

2017Sullivan v. State, 56 N.E.2d 1157 , 1160 (Ind. Ct. App. 2016).

12017–2017
Rosa v. State green
indctapp · 2005
1 sentence

2016Id.

12016–2016
Floyd William Treece v. State of Indiana green
indctapp · 2014
1 sentence

2015Treece, 10 N.E.3d at 56 .

12015–2015
Helton v. State green
ind · 2009
1 sentence

2011Helton v. State, 907 N.E.2d 1020 (Ind.2009).

12011–2011

Statutes the citing opinions construe

IN § Ind. Code § 35-38-2-3 (89) IN § Ind. Code § 35-38-2-1 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IN 142 (1998–2026) WA 8 (1980–2024) LA 7 (1973–2004) NY 3 (1973–1990) IL 2 (2015–2015) CA 2 (1960–2021) WI 2 (1980–1985) MA 2 (2006–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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