Beeler v. State

I respectfully dissent. It is well settled that “a person on probation is entitled to certain due process rights, including, among other rights, disclosure of the evidence against him.” Weatherly v. State, 564 N.E.2d 350, 352 (Ind.Ct.App.1990). A probationer’s due process rights are codified at Indiana Code Section 35-38-2-3, which provides in pertinent part that the trial court “shall conduct” a hearing concerning an alleged probation violation. Ind.Code § 35 — 38—2—3(d). The statute further provides that “[t]he state must prove the violation by a preponderance of the evidence. The evidence…