People v. Baines

D. E. Holbrook, Jr., J.

(dissenting). Absent a rule preventing the use of a probationer’s revocation hearing testimony at the subsequent trial, I believe it is fundamentally unfair to hold the revocation hearing prior to the trial on the substantive offense when the sole basis for revoking probation is a finding that the probationer committed the substantive offense. Whether or not constitutionally mandated, such a rule is necessary to prevent a chill on a probationer’s exercise of his right to due process of law and his privilege against self-incrimination.

In general, a plea of guilty waives…