State v. Adler

While I agree with the court that the state did not get the petition to revoke resolved in a timely manner, the court bases its finding of prejudice on a claim that was not made in the trial court, or in the court of appeals, and that, in any event, is without substance.

The court says that “on one score, prejudice has clearly been shown: the loss of an opportunity to have the prison sentence imposed for probation violation run concurrently with the federal prison sentence.” Ante, at 443. But this idea is both procedurally and substantively without merit.

It is procedurally without merit…