Legal Opinion · Dissent

Dean v. State

Court of Criminal Appeals of Alabama

Decided December 18, 2009No. CR-08-1082Published

1DissentMain, Judge

I respectfully dissent from the per cu-riam opinion reversing Dean’s probation revocation and remanding the case for further proceedings.

Initially, I do not believe that Dean’s claim falls under any of the three excep*168tions to the general rule of preservation, which are:

“(1) the requirement that a revocation hearing be held, (2) the requirement that there be an adequate written revocation order, and (3) the requirement that the probationer be informed of his right to request counsel. See, e.g., Jackson v. State, 867 So.2d 365 (Ala.Crim.App.2003), and Evans v. State, 794 So.2d 1234…

2Cases cited7 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Armstrong v. StateSupreme Court of Alabama · 1975
  4. Evans v. StateCourt of Criminal Appeals of Alabama · 2000
  5. Jackson v. StateCourt of Criminal Appeals of Alabama · 2003

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