Green v. State
2015 Ark. App. 291
Ark. Ct. App.2015Background
- James M. Green pleaded guilty in 2006 to furnishing prohibited articles (Class B felony) and was placed on 48 months supervised probation with conditions including payment of fines/fees, reporting to his probation officer, drug testing, and obtaining a GED.
- A 2007 petition to revoke probation alleged failure to pay fines/fees, failure to report, failure to notify of address/employment, and drug possession/use; warrants issued and multiple court dates followed through 2013.
- At the September 9, 2013 revocation hearing, Amy Peyton testified Green never paid the ordered monthly installments; Mary Marshall (who had not been Green’s regular officer) testified from the file that Green tested positive for cocaine, opiates, and marijuana on October 27, 2007.
- Green objected under the Confrontation Clause to Marshall s testimony because he could not cross-examine the person who administered/observed the drug test; the trial court overruled the objection and admitted the testimony.
- Green testified he was homeless and using drugs in 2007, admitted failing to report and to pay fines, and stated he had not complied with probation terms despite recent improvement; the court found a violation and sentenced him to 36 months in the Department of Correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of probation officer Marshall's testimony violated the Confrontation Clause | State: admission permissible for revocation proceedings and reliable/cumulative | Green: Marshall's testimony violated his Sixth Amendment right to confront the witness who conducted the drug test | Court: Confrontation Clause violation occurred but was harmless error; conviction affirmed |
| Whether the violation required reversal of probation revocation | State: error harmless because Green s own testimony and Peyton s testimony established violations | Green: error prejudiced his ability to contest drug-use allegation and revoke sentence | Court: Harmless — testimony was cumulative and Green admitted noncompliance; revocation stands |
Key Cases Cited
- Gagnon v. Scarpelli, 411 U.S. 778 (recognizing confrontation rights in revocation hearings)
- Delaware v. Van Arsdall, 475 U.S. 673 (harmless-error factors for Confrontation Clause violations)
- Williams v. State, 351 Ark. 229 (probation revocation standard: preponderance; credibility/weight govern review)
- Rudd v. State, 76 Ark. App. 121 (revocation may be based on violation of any single probation condition)
- Gatlin v. State, 320 Ark. 120 (Sixth Amendment confrontation claims subject to harmless-error review)
- Andrews v. State, 344 Ark. 606 (applying Van Arsdall factors in Arkansas revocation context)
- Roston v. State, 362 Ark. 408 (Confrontation Clause violation in revocation hearing held harmless where other evidence established violations)