Legal Opinion

Bane v. State

Indiana Court of Appeals

Decided October 22, 1991No. 22A01-9104-CR-120PublishedCited by 11 opinions

1Opinion of the Court

BAKER, Judge.

Is it error for a judge to sentence a defendant and, moments later, in the same consolidated hearing with the same parties, revoke the defendant's probation on a prior conviction without requiring additional proof that the defendant violated his probation by committing the crime for which he was sentenced a few moments earlier? It is not.

In 1980, defendant-appellant Clayton Bane was convicted of robbery, a Class A felony. 1 He received a total sentence of 20 years, with six executed and 14 on probation. Early in 1981, his sentence was modified so that the entire balance was to be…

2Cases cited17 opinions

  1. Lochner v. New YorkSupreme Court of the United States · 1905
  2. Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
  3. Russell v. JohnsonIndiana Supreme Court · 1943
  4. Freson v. CombsIndiana Court of Appeals · 1982
  5. Smith v. StateIndiana Supreme Court · 1983

12 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Menifee v. StateIndiana Court of Appeals · 1992
  2. Bonds v. StateIndiana Supreme Court · 2000
  3. Mahan v. State Board of Tax CommissionersIndiana Tax Court · 1993
  4. State v. PetersIndiana Court of Appeals · 1994
  5. Williams v. OrentlicherIndiana Court of Appeals · 2010

6 more not listed; retrieve them via the Exa API.

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