Legal Opinion

Personal Restraint Petition Of Matthew Ray Douglas Schley

Court of Appeals of Washington

Decided February 21, 2017No. 73872-1-IPublishedCited by 3 opinions

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 In this case, Matthew Schley’s DOSA sentence was revoked when the State proved by a preponderance of the evidence that he had been terminated from the required substance abuse treatment program.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

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Morrissey v. BrewerSupreme Court of the United States · 1972
  4. State v. GraysonWashington Supreme Court · 2005
  5. In re the Personal Restraint of GranthamWashington Supreme Court · 2010

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3Cited by3 opinions

  1. In re Pers. Restraint of SchleyWashington Supreme Court · 2018
  2. In re BufaliniCourt of Appeals of Washington · 2018
  3. In re Pers. Restraint of SchleyWashington Supreme Court · 2018

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