State of Tennessee v. Gregory T. Phelps
E2016-00918-CCA-R3-CD
| Tenn. Crim. App. | May 24, 2017Background
- Gregory T. Phelps pled guilty to unlawful possession of a firearm and felony drug possession in July 2015 and received concurrent sentences to be served on probation.
- On August 5, 2015, Phelps tested positive for amphetamine, methamphetamine, oxycodone/oxymorphone, and marijuana; he admitted using marijuana and pain medication but denied methamphetamine; he thereafter stopped reporting to his probation officer.
- A probation violation warrant issued August 14, 2015; it was later amended to add that Phelps was arrested in Georgia (Jan. 21, 2016) for unlawful possession of a firearm and that he left Tennessee without probation approval.
- At the revocation hearing, a Georgia deputy testified that during a post-arrest strip search he recovered a bag from Phelps’s rectum containing suspected marijuana and pills identified by a nurse as Percocet/Oxycodone; laboratory reports existed but were not introduced.
- Probation officer testimony corroborated the failed drug screen, Phelps’s admission of drug use, his absconding from supervision, and his presence in Georgia without permission.
- The trial court revoked probation and ordered execution of the sentence; Phelps appealed, arguing insufficiency of evidence, hearsay/due process concerns, and that the Georgia arrest warrant was inadequate proof of a new offense.
Issues
| Issue | State's Argument | Phelps's Argument | Held |
|---|---|---|---|
| Whether evidence sufficed to find probation violations (failed drug test, failure to report) | Records, lab results, probation officer testimony, and Phelps’s own admissions showed violations by a preponderance | Testimony was hearsay/insufficient without original probation officer and lab report | Held: Sufficient; Phelps admitted failure and probation officer’s credible hearsay was permissible in revocation hearings |
| Admissibility / due process re: Georgia detention search evidence | Deputy’s firsthand testimony and nurse ID supported possession finding; reliable hearsay admissible; only preponderance required | Deputy’s testimony about substances was conclusory hearsay and lab reports absent, violating due process | Held: Deputy’s credible testimony sufficed; due process not violated because revocation standard is preponderance |
| Whether Georgia arrest warrant alone establishes a new criminal offense | Deputy and nurse testimony supplied independent proof of contraband possession in detention | Warrant alone insufficient to prove new offense | Held: Even without relying solely on warrant, evidence supported finding Phelps possessed marijuana in Georgia |
| Whether revocation and confinement were an abuse of discretion | Court may revoke and order confinement when violations proven; defense conceded court had authority but sought jail treatment first | Sought alternative (treatment in jail, more time to demonstrate sobriety); argued technical violations should not trigger confinement | Held: No abuse of discretion; record contained substantial evidence to revoke and to impose confinement |
Key Cases Cited
- State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (standard: revocation reviewed for abuse of discretion)
- State v. Delp, 614 S.W.2d 395 (Tenn. Crim. App. 1980) (probation revocation requires substantial evidence of violation)
- State v. Wall, 909 S.W.2d 8 (Tenn. Crim. App. 1994) (reliable hearsay admissible in revocation hearings with fair opportunity to rebut)
- State v. White, 269 S.W.3d 903 (Tenn. 2008) (law enforcement testimony about discovered contraband admissible)
- Carver v. State, 570 S.W.2d 872 (Tenn. Crim. App. 1978) (credibility determinations in revocation hearings are for the trial judge)