State v. Sisneros, 2016 UT App 209

Frankie Sisneros was on zero-tolerance probation for prior felony convictions; probation prohibited law violations and alcohol use.
On Jan 19, 2014, an incident at his ex-wife’s mother's home resulted in alleged domestic assault; police stopped Sisneros shortly afterward and a breath test showed BAC 0.114.
AP&P filed an Order to Show Cause alleging probation violations (assault, alcohol consumption/DUI); the hearing was set and continued multiple times, ultimately held Aug 1, 2014.
Defense subpoenaed North Salt Lake Police Department (NSLPD) for field cards, video, and policies; NSLPD initially responded there were no field cards or video; a later subpoena also went unanswered before the hearing.
At the hearing, witnesses (officer, ex-wife, mother, Sisneros) testified; officer could not locate in-car video; defense declined to cross-examine the officer citing evidentiary concerns and later requested a continuance to locate a potential witness.
The court found Sisneros violated probation (consumed alcohol and committed domestic violence), revoked probation, and sentenced him to prison; Sisneros appealed, arguing due process and denial of continuance errors.

Issue	Plaintiff's Argument (State/Respondent)	Defendant's Argument (Sisneros)	Held
Whether holding the show-cause hearing without NSLPD’s full compliance violated due process	Hearing complied with minimum due-process protections; defendant had notice, counsel, opportunity to confront and present evidence	Denial deprived Sisneros of documentary evidence (possible video) that might have affected outcome; motion to strike or continue until compliance was required	Court held no due-process violation: defendant received minimum protections; requested video speculative and would not likely change result
Whether denial of an in-hearing continuance to locate a witness was an abuse of discretion	Denial reasonable given repeated continuances and lack of due diligence by defense	Defense argued needed continuance to procure witness who might corroborate his account	Court held no abuse: defense failed to show due diligence or that testimony was material/admissible

Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (sets minimum due-process protections for probation revocation)
State v. Orr, 127 P.3d 1213 (Utah 2005) (discusses due-process requirements in probation revocation)
Salt Lake City Corp. v. Jordan River Restoration Network, 299 P.3d 990 (Utah 2012) (standard of review for constitutional questions incorporating subsidiary factual review)
State v. Shabata, 678 P.2d 785 (Utah 1984) (mere possibility that undisclosed evidence might help defense does not establish due-process violation)
State v. Cornejo, 138 P.3d 97 (Utah App. 2006) (requirements for continuance to procure absent witness)
State v. Creviston, 646 P.2d 750 (Utah 1982) (continuance standards and deference to trial court)
Smith v. Cain, 132 S. Ct. 627 (U.S. 2012) (burden on petitioner to show reasonable probability of a different result)