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Robinette v. State

Citations: 641 N.E.2d 1286; 1994 Ind. App. LEXIS 1499; 1994 WL 594737Docket: No. 49A02-9303-CR-140

Court: Indiana Court of Appeals; November 1, 1994; Indiana; State Appellate Court

Narrative Opinion Summary

The case involves a defendant, convicted of battering his estranged wife, who challenged a probation condition prohibiting contact with her, arguing it infringed his marital privacy rights. The defendant, after pleading guilty to a class C felony, received a four-year suspended sentence with two years probation, during which he was ordered to avoid contact with his wife and her mother. Following a divorce, the defendant violated probation by entering his ex-wife's mother's home and committing further violence, including kidnapping and assault. Upon these breaches, the trial court revoked probation and imposed the original sentence. The defendant's objection to the probation condition was deemed waived, as it was not raised during its imposition or subsequent hearings, and no fundamental error was found. The court ruled that marital privacy rights do not extend to protect violent conduct, particularly in cases of persistent domestic abuse. Thus, the revocation of probation was affirmed, with the court emphasizing the law's stance against domestic violence within marriage.

Legal Issues Addressed

Fundamental Error and Due Process

Application: The court determined that there was no fundamental error nor a due process violation, as Robinette was afforded a fair trial.

Reasoning: The court clarified that issues not raised at trial cannot be reviewed on appeal unless they constitute fundamental error, which was not the case here; Robinette had a fair trial with due process.

Marital Privacy and Domestic Violence

Application: The court concluded that constitutional rights to marital privacy do not protect violent behavior within marriage, especially when one spouse seeks to escape abuse.

Reasoning: It concluded that a constitutional right to marital privacy does not extend to situations involving ongoing domestic violence or when one spouse seeks to escape an abusive relationship.

Probation Conditions and Privacy Rights

Application: The court upheld a probation condition that prohibited contact with the victim, rejecting the argument that it violated privacy rights within marriage, especially in cases involving domestic violence.

Reasoning: The court rejected this argument, noting that Robinette had pleaded guilty to a class C felony... and was ordered to have no contact with his wife, Lisa, or her mother, June Harmon.

Waiver of Claims on Appeal

Application: Robinette's failure to object to the probation condition at the time of its imposition or during violation hearings resulted in a waiver of the right to contest it on appeal.

Reasoning: Robinette's claim that the probation condition was invalid was deemed waived since he did not object to it during its imposition or the violation hearings.