329 S.W.3d 358
Ky. Ct. App.2010Background
- Miller pled guilty May 20, 2009 to driving with license suspended for DUI, receiving a three-year sentence with a three-year probation.
- On June 29, 2009 the Commonwealth moved to revoke probation for probation violations.
- A probation revocation hearing was held September 17, 2009; Miller admitted trafficking in marijuana and stipulated to the violation.
- The trial court revoked probation within about one month and issued a brief order with no detailed factual findings.
- Miller appealed contending due process required written grounds for revocation under Gagnon v. Scarpelli and KRS 533.050(2).
- The court held that oral findings were sufficient and affirmed the revocation of probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process required written grounds for revocation | Miller asserts need for written grounds | Commonwealth argues exhibits were sufficient under Alleman | Oral findings adequate; no error |
Key Cases Cited
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (due process in probation revocation hearings)
- Rasdon v. Commonwealth, 701 S.W.2d 716 (Ky.App.1986) (due process in probation revocation hearings)
- Alleman v. Commonwealth, 306 S.W.3d 484 (Ky.2010) (oral findings may satisfy due process if sufficiently reliable)
- Commonwealth v. Lopez, 292 S.W.3d 878 (Ky.2009) (probation revocation proof by preponderance; not require conviction)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (see above)