State v. Collins, 560 So. 2d 836

State v. Collins

560 So. 2d 836 | La. | 1990

Dissenting Opinion

LEMMON, J.,

dissents. The Morrissey decision requires a written statement by the factfinder where there has been a pa*837role 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.

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).