Public-domain · open source
OpenJurist

608 So. 2d 761

Wyatt v. State

Court of Criminal Appeals of Alabama

Decided February 28, 1992

Court of Criminal Appeals of Alabama · decided 1992-02-28

Cited by 5 later decisions — most recently June 2004

5 state decisions

Key passage — most relied on by later courts

“The United States Supreme Court has clearly set out the principles of due process in the cases listed above. These due process rights have not been changed by the United States Supreme Court and must be complied with.”

quoted by 1 later decision, including 675 So. 2d 1340 - SBS v. State

Relies on Morrissey v. Brewer · Gagnon v. Scarpelli · 579 So. 2d 693 - Grimes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-02-28

View the full empirical analysis of this case →

¶1

¶2The appellant, Michael Earl Wyatt, appeals the revocation of his probation, contending *762 that the circuit court violated his constitutional rights in that the court failed to include in its revocation order a written statement of the evidence relied upon and the specific reasons for the revocation. A review of the court's revocation order confirms that no specific findings were included.

¶3A written statement setting forth the evidence relied upon and the reasons for revoking probation is necessary to meet the minimum constitutional requirements of due process.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). The requirements of due process "have not been changed by the United States Supreme Court and must be complied with." Grimes v. State,579 So.2d 693, 694 (Ala.Cr.App. 1991). See also Heyward v.State, 583 So.2d 1352 (Ala.Cr.App. 1991); Womack v.State, 591 So.2d 107 (Ala.Cr.App. 1991). Therefore, this cause is remanded to the Circuit Court of Madison County with directions that that court make written findings of fact as to why the appellant's probation was revoked. A copy of the circuit court's findings shall be filed with this court within 60 days from the date of this opinion.

¶4REMANDED WITH DIRECTIONS.

¶5All the Judges concur.

/608/so2d/761 · .json · Public domain