Lamenski Ewing v. State of Indiana

Summary

The Indiana Supreme Court held that a petition seeking revocation of work release did not provide adequate due-process notice that the State also sought to revoke the defendant’s subsequent probation. Because the petition mentioned neither probation nor the suspended portion of the sentence, the court reversed the probation revocation and granted transfer, vacating the Court of Appeals opinion. Justice Slaughter dissented, joined by Justice Massa.

Holdings

1. Due process precludes the State from seeking a sanction that deviates from the sanction identified in the revocation petition or petitions considered at the final revocation hearing, unless the defendant received actual notice that the State or court was seeking the additional sanction.
2. Ewing did not receive adequate notice that the State sought to revoke his probation because the work-release petition mentioned neither probation nor the suspended portion of his sentence, and no later hearing adequately informed him that probation revocation was being considered.

Questions Presented

1. Whether the trial court had authority to revoke Ewing's probation when the only revocation petition sought revocation of work release.
2. Whether due process permitted the State to seek probation revocation without written notice that probation or the suspended portion of the sentence would be revoked.

Disposition

reversed