State v. Adler

I respectfully dissent from the majority in this instance because I believe that the trial court was mistaken in the two main areas of its decision. The delay in holding the revocation was unreasonable and it resulted in prejudice to Defendant.

Reasonableness of the Delay

Notwithstanding the flexibility inherent in due process, under the facts of this ease, I cannot say the question of Defendant’s probation violations was promptly resolved. Nor can I say the revocation proceedings were held “reasonably soon” after the probation violations occurred. The state claims it could not have proceeded…