Legal Opinion

Bennett v. State

Court of Appeals of Texas

Decided February 12, 1986No. 04-85-00036-CRPublishedCited by 5 opinions

1Opinion of the Court

OPINION

REEVES, Justice.

Appellant raises two grounds of error, contending: first, that he was denied a “neutral and detached” hearing body, and second, that he was denied the effective assistance of counsel.

A probationer is entitled to certain due process protections in a revocation proceeding. They include:

[Wjritten notice of the claimed violations of probation, disclosure to the probationer of the evidence against him, the opportunity to be heard in person and present witnesses, a ‘neutral and detached’ hearing body, and a written statement by the fact finders as to the evidence relied upon…

2Cases cited2 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Ruedas v. StateCourt of Criminal Appeals of Texas · 1979

3Cited by5 opinions

  1. Isaac v. StateIndiana Supreme Court · 1992
  2. Gerald Hooper v. State, Texas Court of Appeals, 8th District (El Paso)2003
  3. Sayles, Charles Reed Jr. v. State, Texas Court of Appeals, 5th District (Dallas)1998
  4. Sayles, Charles Reed Jr. v. State, Texas Court of Appeals, 5th District (Dallas)1998
  5. in the Matter of R.F., Texas Court of Appeals, 2nd District (Fort Worth)2015

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