State v. Johnson
Annotate this CaseDefendant was convicted of abuse of a vulnerable adult based on the financial exploitation of a relative and sentenced to three years’ probation. The district court subsequently revoked Defendant’s probation and sentenced him to a term of imprisonment, finding that Defendant had violated the terms and conditions of his probation by committing assault. Defendant appealed, arguing, among other things, that the district court erred when it received into evidence hearsay statements of an unavailable witness at the probation revocation hearing. The Supreme Court affirmed, holding (1) the Sixth Amendment confrontation guarantee and Crawford v. Washington rights do not apply to probation revocation proceedings because probation revocation proceedings are not criminal prosecutions, but a probationer is entitled to due process and an opportunity to controvert the evidence against him or her; and (2) the evidence was sufficient to revoke Defendant's probation.
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