Harris v. State

I concur in the judgment of remand, but would not rely upon the imprecise “guidelines” of Gagnon v. Scarpelli, 411 U.S. 778 (93 SC 1756, 36 LE2d 656) (1973) for the reasons stated in my special concurring opinion in Kemp v. Spradlin, 250 Ga. 829 (301 SE2d 874) (1983).

The opportunity to be heard “in person or by counsel,” OCGA § 42-8-38(b) (Code Ann. § 27-2713), should be interpreted to give to an indigent probationer the same protection which the law gives to a probationer with enough money to hire a lawyer. “Protection to person and property is the paramount duty of government and shall be…