Henderson v. Commonwealth

HUMPHREYS, J, with whom ALSTON, J.,

joins, dissenting.

I respectfully dissent from the judgment and analysis of my colleagues in the majority for two reasons. First, I believe that the circuit court erred in failing to permit Henderson to confront and cross-examine the witnesses accusing him of violating the terms and conditions of his probation or alternatively erred in its failure to find good cause for not doing so. Second, I believe that the courts of the Commonwealth should adopt a balancing test to determine when “good cause” exists for excusing the prosecution from producing such…