Legal Opinion · Dissent

Brazery v. State

Court of Criminal Appeals of Alabama

Decided April 4, 2008No. CR-06-1449Published

1DissentBaschab, Presiding Judge

I concur with the conclusion in the main opinion that the circuit court improperly revoked the appellant’s probation on the ground that he had committed new offenses because the State presented only hearsay evidence that he had committed the new offenses. However, I respectfully disagree with the conclusion that this case must be reversed because there was not any evidence to support the revocation of his probation on the ground that he had not maintained suitable employment.

The main opinion concludes that the probation officer’s statements regarding the allegation that the appellant had not…

2Cases cited8 opinions

  1. Watson v. StateCourt of Criminal Appeals of Alabama · 1980
  2. Thompson v. StateCourt of Criminal Appeals of Alabama · 1978
  3. Allen v. StateCourt of Criminal Appeals of Alabama · 1994
  4. Chenault v. StateCourt of Criminal Appeals of Alabama · 2000
  5. Smith v. StateCourt of Criminal Appeals of Alabama · 1984

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