Smith v. State
94 So. 3d 335
Miss. Ct. App.2011Background
- Smith was convicted of armed robbery on February 5, 2001 and sentenced to 10 years with 5 years suspended for post-release supervision.
- Smith was arrested July/August 2009 for violations including failure to report, pay fees, submit to chemical analysis, and change of residence.
- On August 27, 2009, Smith signed a waiver relinquishing the right to a preliminary probation-revocation hearing.
- On October 2, 2009, a revocation hearing held Smith violated terms; he was ordered to serve five years in MDOC.
- Smith moved for reinstatement of probation (treated as PCR) which the circuit court dismissed on May 28, 2010; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| waivers of preliminary hearing valid | Smith argues waiver was coerced and reading unavailable. | Smith voluntarily signed waiver; notice of violations provided. | Waiver valid; no due-process violation |
| Written notice of charges | Smith did not receive written notice of alleged violations. | Waiver document itself provided written notice of allegations. | Proper notice satisfied |
| Prejudice from delay | 77-day delay prejudiced Smith; hearing too delayed after arrest. | Delay within reasonable time; not prejudicial. | Delay not prejudicial; no reversal required |
| Right to counsel at revocation hearing | Smith lacked counsel to assist with complex issues and mental-competency defense. | Right to counsel not guaranteed in probation-revocation; not complex enough. | No right to court-appointed counsel |
| Right to present evidence/witnesses | Circuit court prevented Smith from presenting favorable evidence/witnesses. | Transcript shows Smith had opportunity to respond; no restriction shown. | No violation; Smith permitted to respond |
Key Cases Cited
- Grayson v. State, 648 So.2d 1129 (Miss. 1994) (probation-revocation preliminary hearing notice and waiver considerations)
- Riely v. State, 562 So.2d 1206 (Miss. 1990) (due-process requirements for probation-revocation hearings)
- Crowell v. State, 801 So.2d 747 (Miss. Ct. App. 2000) (waiver of preliminary revocation hearing with notice of violations)
- Williams v. State, 4 So.3d 388 (Miss. Ct. App. 2009) (no due-process violation where waiver of hearing occurred)
- Edmond v. Miss. Dep’t of Corrs., 783 So.2d 675 (Miss. 2001) (notice requirements for probation revocation)
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (parole-revocation procedures and timely hearing)
- Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18 (U.S. 1981) (standards for appointment of counsel)