Jonathan A. Petgrave v. State of Maine

[¶18] I concur that, in a probation revocation hearing, a defendant has a right to the effective assistance of counsel. I also concur that the petitioner, and others similarly situated, have a right to an evidentiary hearing, before the trial court, to adjudicate properly articulated claims of ineffective assistance of counsel allegedly occurring during the course of a probation revocation proceeding. The authority to provide such an evidentiary hearing has existed for 200 years. The Maine Constitution includes article I, section 10, specifying, among other things, that "the privilege of the…