Personal Restraint Petition Of Matthew Ray Douglas Schley
Court of Appeals of Washington
1Opinion of the CourtSpearman, J.
¶1 An offender facing revocation of a sentence imposed pursuant to the drug offender sentencing alternative (DOSA) has a due process right to have an alleged violation of a condition of the sentence proved by a preponderance of the evidence. In this case, Matthew Schley’s DOSA sentence was revoked when the State proved by a preponderance of the evidence that he had been terminated from the required substance abuse treatment program. But the basis for the termination from the treatment program was a determination in a prior proceeding that Schley had been involved in a fight, which was a…
2Cases cited19 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- State v. GraysonWashington Supreme Court · 2005
- In re the Personal Restraint of GranthamWashington Supreme Court · 2010
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3Cited by3 opinions
- In re Pers. Restraint of SchleyWashington Supreme Court · 2018
- In re BufaliniCourt of Appeals of Washington · 2018
- In re Pers. Restraint of SchleyWashington Supreme Court · 2018