The Indiana Court of Appeals released a decision denying an Anderson man’s appeal that the Madison County Superior Court 1 erred when it ruled he should go to jail for a probation violation.
Dion T. Wright was ordered in early 2007 to serve 30 months of a previously suspended sentence after he violated his probation for a third time since being convicted in May 2000 for possession of cocaine, and resisting law enforcement, according to court documents.
Wright appealed the 30-month sentence, saying that the court shouldn’t have admitted as evidence an affidavit that said he failed a drug test, and that his due process rights were violated.
Wright, formerly of Nell Street, was initially arrested in July 1999, according to published reports, near the intersection of Madison Avenue and 11th Street after police found five grams of cocaine on him. Police had stopped Wright because of a warrant issued against the man for fraud.
Wright was sentenced to a suspended sentence of three years for the cocaine charge, and one year, to run concurrently, for the resisting arrest charge. He was also given probation, the terms of which required him to complete a work release program, to abstain from alcohol and drug use and to submit to random drug testing, according to the decision.
In July 2001, Wright was sent to jail for 45 days for a probation violation that included driving with a suspended license and failing to complete a work release program. Four months later, Wright was picked up on a probation violation for consuming alcohol, violating curfew, and lying to a police officer, according to the decision.
A third violation occurred in January 2004, where Wright allegedly tested positive for marijuana and cocaine. Wright failed to appear in court for the third violation, and was arrested just this past January, according to the court.
During an evidentiary hearing in February 2007, an affidavit, written by Jeff Retz, the scientific director at Witham Memorial Hospital, that said Wright tested positive for cocaine, was admitted as evidence. Wright objected because he said he was not afforded the right to cross examine Retz.
The appeals court found that Wright’s rights were not violated because, “courts may admit evidence during probation hearings that would not be permitted in a full-blown criminal trial,” read the decision, quoting state statute.
Wright also said that the 30-month sentence was improper because of positive aspects of his life, including military service, employment, and family support. The appeals court found that Superior Court took into consideration Wright’s other qualities before he was sentenced.
Local News
State appeals court denies man’s probation gripes
- Local News
-
-
Iraq veteran displaced after apartment fire
Firefighters were able to extinguish the flames at Courtyard Apartments, 2725 W. 16th St., but the damage had been done. With the exception of the sweatpants and sweatshirt he slept in, Brandon Wilson lost everything.
-
Eastern Kentucky professor conducts Wigwam survey
Interest in the 9,000-seat Wigwam has spread a lot farther than here in Anderson. A professor of economics at Eastern Kentucky University sent out 800 surveys about the historic gymnasium in November.
-
Measles can lead to more sicknesses
Some people may question if the measles outbreak is a big deal or if 13 confirmed cases in central Indiana is a worrisome number. But health officials have their reasons to be concerned and to want the rare virus to be contained.
-
Local man kept Super Bowl books
Brad Bowman didn’t hobnob with Hollywood stars or escort sports notables around Indianapolis. Important as those duties were Super Bowl week, his job as chief financial officer of the host committee was more vital, if less glamorous.
-
Legislature looks at expanding historic preservation tax credits
Under a bill that’s gaining support in the Indiana Legislature, the maximum annual amount of historic-preservation tax credits available to investors would quadruple.
-
Adult education GED classes offered
Anderson Community Schools is offering classes in GED preparation, English Language classes and Basic Education Refresher classes for the 2011-12 school year.
-
Local Briefs: Feb. 16
A compilation of news items as published in the Thursday edition of the Herald Bulletin.
-
Arrest log: Feb. 16
Arrests made by Madison County law enforcement on Tuesday and Wednesday, based on Madison County Jail records.
-
Rain headed our way
Today will start dry but end with rain chances. It will be rain and not snow with highs in the 40s.
-
Poll question for Wednesday, Feb. 15
Vote daily in The Herald Bulletin poll. Today's poll question can be found at the bottom of the homepage on the right side.
- More Local News Headlines
-
