Legal Opinion · Dissent

King v. State

Court of Criminal Appeals of Alabama

Decided March 8, 1996No. CR-94-2024Published

1Dissent

I dissent from the majority's opinion in this case. It says that the appellant's claim that he was not given written notice of his probation violation was not preserved for appellate review because no objection was raised at trial. This is contrary to long-established precedent.

The United States Supreme Court in Morrissey v. Brewer,408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v.Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), set forth the minimal constitutional requirements a probationer must be afforded before his probation may be revoked. Those rights…

2Cases cited9 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Story v. StateCourt of Criminal Appeals of Alabama · 1990
  4. Ex Parte HeltonSupreme Court of Alabama · 1990
  5. Chasteen v. StateCourt of Criminal Appeals of Alabama · 1994

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API