[DOWNLOAD] "Keith Abel v. Donald W. Wyrick" by Supreme Court of Missouri En Banc # eBook PDF Kindle ePub Free

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eBook details

• Title: Keith Abel v. Donald W. Wyrick
• Author : Supreme Court of Missouri En Banc
• Release Date : January 18, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This is a proceeding in which petitioner claims that he is being illegally confined because of failure to afford him his due process rights at his probation revocation hearing. This court has jurisdiction and venue, as will be gone into below. The major issues for our consideration on the merits are whether (1) failure to notify petitioner of the violations to be charged against him prior to hearing violated his due process rights, in light of his admission that he committed the violations; (2) whether the trial Judge considered, and if not, should have considered, alternatives to incarceration once petitioner admitted the violation of conditions of his probation, including the question whether petitioner was afforded an opportunity to present evidence on this issue; (3) whether the petitioner should have been informed of his right to request an attorney to represent him at the hearing; and (4) whether the hearing Judge was required to indicate his reasons for revocation in the formal revocation order itself. The facts are fairly straightforward. On May 5, 1975, petitioner was convicted of second degree burglary and stealing, for which he was sentenced to consecutive terms of three years and two years, respectively. Execution of both sentences was suspended and petitioner was placed on five years probation under the supervision of the State Board of Probation and Parole. The conditions of probation imposed included the following:

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