Dillard v. State
319 Ga. App. 299
| Ga. Ct. App. | 2012Background
- Dillard's probation on two burglary convictions was revoked in part by Murray County court after a hearing.
- Investigators found Facebook photos appearing to show Dillard with a shotgun on a profile linked to him.
- Authorities proceeded to arrest Dillard for probation violations related to failing to report and unauthorized residence change.
- At the hearing, the shotgun and Facebook photos were admitted as evidence, though there was objection to the photos.
- Written revocation orders later described violations as unauthorized residence change and failure to report, creating a discrepancy with the stated basis.
- The court remanded the cases to clarify the true basis of probation revocation due to conflicting record elements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Facebook photos as basis for revocation | Photos support probation violation by possession of firearm. | Photos were improperly admitted and not charged in petitions; violates notice. | Remanded for clarification; basis of revocation uncertain. |
| Notice and basis for revocation tied to petitions | Revocation grounded in petition allegations; evidence should align with notice. | Discrepancies between petitions, oral ruling, and written orders; cannot determine basis. | Remanded for definitive written statement of grounds. |
Key Cases Cited
- Kitchens v. State, 234 Ga. App. 785 (1998) (due process requires notice of claimed probation violations)
- Brown v. State, 167 Ga. App. 473 (1983) (remand when basis for revocation remains in doubt due to inconsistent record)
- Gray v. State, 313 Ga. App. 470 (2011) (appellate review limited to manifest abuse of discretion, de novo on law)
- White v. State, 274 Ga. App. 805 (2005) (de novo review of questions of law)