Brookman & Carnes v. State

These consolidated appeals arise from due process challenges by two participants in the Montgomery County Adult Drug Court program (the “Drug Court”). The first, Crystal Brookman, was charged and sentenced to probation. She violated her probation, and was sentenced for that violation to supervised probation with the special condition that she enter and complete Drug Court. While participating in Drug Court, Ms. Brookman twice tested below the accepted level of creati-nine, and the second result was treated as a positive test result pursuant to the Drug Court’s Participant Handbook.

The second…