State Ex Rel. Harris v. Schmidt

The defendant, on probation for indecent liberties with a child and sexual perversion, was found by the hearing examiner to have violated the terms of his probation by committing an act of sexual perversion upon his five-year-old stepson. Three issues are raised as to the hearing conducted.

Admission of hearsay testimony.

Evidence adduced at the defendant’s revocation hearing included hearsay statements offered by the defendant’s probation officer and defendant’s wife, mother of the five-year-old stepson of defendant. Both testified that the five-year-old boy had told them that “daddy put his…