PROBATION REVOCATION: RICHARDSON V. COM. (COA 8/17/2007)

RICHARDSON V. COM.
CRIMINAL:  Probation Revocation – written findings
2006-CA-001568
PUBLISHED: REVERSING AND REMANDING
PANEL: THOMPSON PRESIDING; WINE, HENRY CONCUR
COUNTY: CAMPBELL
DATE RENDERED: 8/17/2007

CA held TC’s order revoking Richardson’s probation violated his due process rights because it did not adequately set out the evidence relied on nor the reasons for revoking Richardson’s probation.  In this case, the trial court’s order provided only that Richardson’s probation was revoked because he had violated the terms and conditions of his probation. While the order makes a generalized statement regarding revocation, it does not specify which term or condition was violated nor state what evidence was relied on to revoke Richardson’s probation. Put simply, the trial court’s order does not satisfy the minimum due process standard set out in Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).  Having concluded that Richardson’s due process rights were violated, CA reversed and remand this case to the trial court to make written findings in accordance with Gagnon.

Digested by Scott C. Byrd – www.olginandbyrd.com

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