Legal Opinion

Franklin v. State

Court of Criminal Appeals of Alabama

Decided November 10, 1988No. 4 Div. 97Published

1Opinion

This cause was remanded for the trial court to hold a probation revocation hearing which complies with the guidelines set forth in Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756,36 L.Ed.2d 656 (1983), and applied by the Alabama Supreme Court in Armstrong v. State, 294 Ala. 100, 312 So.2d 620 (1975).

A review of the record indicates that the appellant was represented by counsel at this hearing. There is no dispute to the fact that the appellant violated his probation conditions by being in possession of marijuana.

The trial court has aptly complied with all due process requirements for this…

2Cases cited3 opinions

  1. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  2. Armstrong v. StateSupreme Court of Alabama · 1975
  3. Weaver v. StateCourt of Criminal Appeals of Alabama · 1987

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