Smith v. State

MURPHY, Chief Judge.

This case involves a probation revocation hearing and whether the trial judge, in revoking probation, acted on an improper basis and contrary to the due process requirements of the Fourteenth Amendment.

I

On February 11, 1981, Wayne Anthony Smith was convicted of larceny in the Circuit Court for Baltimore City and placed on five years’ probation. On May 23, 1984, the Division of Parole and Probation alleged that Smith had violated the following conditions of his probation:

Rule 3d: Must get permission from agent before owning, possessing or using dangerous weapon;

Rule 4: Must…