Legal Opinion · Dissent

Thompson v. State

Supreme Court of Arkansas

Decided October 12, 2000No. CR 00-562Published

1DissentRobert L. Brown, Justice

A revocation hearing is not a trial. Probation, suspension, and revocation are matters that clearly fall within the bailiwick of the General Assembly as part of sentencing and disposition of offenders. See Ark. Code Ann. §§ 5-4-301 through 5-4-323 (Repl. 1997, Supp. 1999). The General Assembly treats revocation hearings as separate and apart from trials and establishes the precise procedure for these proceedings. Ark. Code Ann. § 5-4-310 (Repl. 1997). For example, § 5-4-310 sets these procedures for revocation hearings:

• a preliminary hearing to determine if there is reasonable cause for…

2Cases cited10 opinions

  1. Minnesota v. MurphySupreme Court of the United States · 1984
  2. State Ex Rel. Flowers v. Department of Health & Social ServicesWisconsin Supreme Court · 1978
  3. Boyd v. StateSupreme Court of Arkansas · 1993
  4. Lemons v. StateSupreme Court of Arkansas · 1992
  5. United States v. Dennis Rapert, Jr.Court of Appeals for the Eighth Circuit · 1987

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