State v. Palmer

Caplinger, J.;

Johnny Palmer, Jr., appeals the district court’s revocation of his probation. Specifically, he challenges the court’s admission of an affidavit as sole evidence of his violations without testimony of the declarant or evidence of the declarant’s unavailability, contrary to Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004).

While we decline to extend the right to confront witnesses as provided in Crawford to defendants in probation revocation proceedings, we nevertheless find the affidavit was improperly admitted without evidence of the declarant’s…