Topic: probation is a matter of grace left to trial court discreti… · Go Syfert
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Topic #1241

8 canonical passages across 7 cases, quoted by 212 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Prewitt v. State.

#Case FlagCanonical passage Citers
1 Prewitt v. State Anchor
ind · 2007
green “probation is a matter of grace left to trial court discretion, not a right to which a criminal defendant is entitled.” 120
2 Prewitt v. State
ind · 2007
green “once a trial court has exercised its grace by ordering probation rather than incarceration, the judge should have considerable leeway in deciding how to proceed.” 51
3 Gosha v. State
indctapp · 2007
green “if the court finds the defendant has violated a condition of his probation at any time before the termination of the probationary period, and the petition to revoke is filed within the probationary period, then the court may order execution of the sentence that had been suspende…” 11
4 Clark County Council v. Donahue
ind · 2007
green “the probationary scheme is deliberately designed to give trial judges the flexibility to make quick, case-by-case determinations.” 7
5 Braxton v. State
ind · 1995
green “there is substantial evidence of probative value to support the trial court's conclusion that a probationer has violated any condition of probation.” 7
6 Kimberly Heaton v. State of Indiana
ind · 2013
green “an abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances, or when the trial court misinterprets the law.” 6
7 Axsom v. Axsom
indctapp · 1991
green “an abuse of discretion may also be found when the trial court misinterprets the law or disregards factors listed in the controlling statute.” 6
8 Smith v. State
indctapp · 2000
green “a revocation hearing is in the nature of a civil proceeding, and the alleged violation only needs to be established by a preponderance of the evidence.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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