State v. Marquis
Annotate this CaseShane Marquis was placed on probation after being convicted of drug charges and felony theft. Later, the State sought to revoke Marquis' probation, claiming he failed to successfully complete a required boot camp. At the revocation hearing, the community corrections officer assigned to Marquis' case did not testify, but, instead, the State presented the officer's affidavit. The district court determined that Marquis violated the conditions of his probation and revoked the probation. Marquis appealed, contending that the district court violated his right of confrontation by considering his supervising officer's affidavit without complying with the requirements for the admission of testimonial hearsay set forth in Crawford v. Washington. The Supreme Court reversed, holding that although the Sixth Amendment right to confrontation is inapplicable in a probation revocation proceeding, the Fourteenth Amendment affords a probation minimum due process rights as a prerequisite to the revocation of probation. Remanded for the district court to inquire as to whether the State's failure to produce the supervising officer as a witness violated Marquis' due process rights.
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