State v. Presock

This case presents a single legal question for our consideration: whether a probationer has a due process right under the Fourteenth Amendment to the United States Constitution to review his probation file for potential mitigating evidence when the contents of that file are not being used as evidence against him in a proceeding to potentially revoke his probation. We conclude that the United States Supreme Court case law interpreting the Fourteenth Amendment in this context does not support the existence of such a right. As a result, we affirm the trial court’s denial of defendant’s motion to…