State v. Collins, 560 So. 2d 836

Dissenting Opinion

LEMMON, J.,

dissents. The Morrissey decision requires a written statement by the factfinder where there has been a parole revocation decision before a. board (not necessarily consisting of lawyers or judges) in a quasi judicial tribunal. This is a probation revocation proceeding before a district judge, and a written statement should not be required for review of this judicial exercise of discretion.

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Lead Opinion

Granted. The order revoking relator’s probation is vacated, and the case remanded to the district court for rendition of judgment anew with supporting reasons. Oral reasons transcribed in the record are sufficient. State v. Harris, 368 So.2d 1066 (La.1979). See also Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).

Case Details

Case Name: State v. Collins

Court Name: Supreme Court of Louisiana

Date Published: May 18, 1990

Citations: 560 So. 2d 836; 1990 WL 64847; 1990 La. LEXIS 1216; No. 90-KK-0707

Docket Number: No. 90-KK-0707

Court Abbreviation: La.