Kimberly Heaton v. State of Indiana

On Transfer from the Indiana Court of Appeals, No. 48A02-1104-CR-404

DICKSON, Chief Justice.

The defendant-appellant, Kimberly Heaton, challenges the trial court’s revocation of her probation and its order that she serve eighteen months of her previously suspended twenty-four month sentence. Heaton’s appeal raises the question of what legal standard is to be applied in a probation revocation proceeding where the State claims that the probationer committed a new criminal offense while on probation. We hold that the correct legal standard is the statutorily-mandated preponderance of the evidence…