Legal Opinion

Austin v. State

Court of Criminal Appeals of Alabama

Decided October 16, 1979PublishedCited by 11 opinions

1Opinion of the Court

This is an appeal from revocation of probation made and entered on June 26, 1979.

We cannot tell from this record what crime appellant was convicted of originally that led to him being placed on probation. No warrant or citation of delinquency was ever issued and served upon appellant. There was no report of the probation officer filed in this case. He was never served with notice of the charges against him.

The law is well settled that although a revocation of probation is not a criminal prosecution, the probationer must be afforded the minimum standards of due process. Morrissey v.Brewer, 408…

2Cases cited4 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. Fiorella v. StateAlabama Court of Appeals · 1960

3Cited by11 opinions

  1. Smith v. StateCourt of Criminal Appeals of Alabama · 1984
  2. Free v. StateCourt of Criminal Appeals of Alabama · 1980
  3. Bullock v. StateCourt of Criminal Appeals of Alabama · 1980
  4. Ex Parte DietzSupreme Court of Alabama · 1985
  5. Taylor v. StateCourt of Criminal Appeals of Alabama · 1981

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API