Indiana Supreme Court

Brian Woods, Appellant (defendant Below) v. State of Indiana, Appellee (plaintiff Below)

August 27, 20082008 Ind. LEXIS 770

Summary

The court held that due process requires a probationer who admits violations, including one placed on “strict compliance,” to have an opportunity to present mitigating information explaining why revocation is unwarranted. The trial court therefore erred by refusing Woods an opportunity to explain his violations, but the error did not warrant relief because Woods made no offer of proof and identified no mitigating evidence that could have affected the disposition. The court affirmed the judgment on that preserved-error and prejudice ground.