Research

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Topics:
  • Waiver
Collateral Issues:
  • Ineffective Assistance of Counsel

Counsel fails to fully advise as to deportation consequences; waiver not knowing and intelligent.

Topics:
  • Due Process

Minimal due process to which parolee or probationer is entitled also applies to participants in drug court program: (1) written notice of time and place of hearing; (2) disclosure of evidence; (3) neutral fact-finder; (4) opportunity to be heard and present witnesses and evidence; (5) right to cr

Drug Court
Topics:
  • Due Process
Probation Terms:
  • Termination

Defendant who is terminated from diversionary program entitled to due process.

Drug Court
Topics:
  • Constitutional Issues
  • First Amendment

The Eighth Circuit ruled that requiring a Missouri prisoner to attend and complete a non-secular substance abuse program in order to be eligible for early parole violated the Establishment Clause. 

Drug Court
Topics:
  • Due Process
Probation Terms:
  • Termination

Drug Court participants are entitled to: notice of the termination allegations and the evidence against them, right to call and cross examine witnesses, a hearing at which they are present, a neutral magistrate, written factual findings and the right to counsel.

Drug Court
Probation Terms:
  • Termination

Mental health court participant must be sufficiently apprised as to evidence and grounds upon which participation in mental health court is terminated.

Mental Health Court
Topics:
  • Constitutional Issues
  • First Amendment

A federal Court held that the First Amendment is violated when the state coerces an individual to attend a religion-based drug or alcohol treatment program. 

Drug Court
Collateral Issues:
  • Ineffective Assistance of Counsel

To show prejudice, under Strickland v.

Topics:
  • Due Process
Probation Terms:
  • Revocation

The Supreme Judicial Court ruled that a defendant is entitled to counsel at a probation revocation hearing since the hearing is part of the sentencing process and may result in incarceration.

Defendant not entitled to credit for all time in drug court program; entitled only to jail days imposed as sanctions for non-compliance.

Drug Court

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