Legal Opinion · Dissent

Eastland v. State

Court of Criminal Appeals of Alabama

Decided March 8, 1996No. CR-94-2042Published

1Dissent

I concur in the majority opinion with one exception. I dissent from that part of the majority's opinion holding that the appellant's claim that he was not given written notice of his probation violation was not preserved for appellate review because it is raised for the first time on appeal. 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…

2Cases cited8 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. Gates v. StateCourt of Criminal Appeals of Alabama · 1993

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