Legal Opinion · Dissent

Gates v. State

Court of Criminal Appeals of Alabama

Decided November 7, 2013No. CR-12-1390Published

1DissentJoiner, Judge

I respectfully dissent from this Court’s order remanding this case to the circuit court for that court to “enter a written order specifically stating its reasons for revoking Gates’s probation and the evidence upon which it relied.” The record on appeal in this matter clearly demonstrates the circuit court’s reasons for revoking Gates’s probation. See, e.g., Ex parte State, 921 So.2d 450, 462 (Ala.2005) (holding that “ ‘oral findings, if recorded or transcribed, can satisfy the requirements of Morrissey [v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972),] when those findings…

2Cases cited8 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Ex Parte StateSupreme Court of Alabama · 1992
  3. Ex Parte StateSupreme Court of Alabama · 2005
  4. Ex Parte Garlington v. StateSupreme Court of Alabama · 2008
  5. Dean v. StateSupreme Court of Alabama · 2010

3 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