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12/04/75 PEOPLE v. GULLEY

December 4, 1975

PEOPLE
v.
GULLEY



Appeal from Recorder's Court of Detroit, Joseph A. Gillis, J.

Leave to appeal denied, 396 Mich 850.

Danhof, P. J., and McGregor and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. -- Probation -- Probation Revocation -- Hearing -- Constitutional Law -- Due Process.

The due process requirements of a probation revocation hearing are (1) written notice of the claimed violations of probation; (2) disclosure to the probationer of evidence against him; (3) opportunity to be heard in person and to present witnesses and documentary evidence; (4) the right to confront and cross-examine adverse witnesses; (5) a neutral and detached hearing body; and (6) a written statement by the factfinders as to the evidence relied on and the reasons for revoking probation.

2. -- Probation -- Probation Revocation -- Hearing -- Constitutional Law -- Due Process.

A probation revocation proceeding need not consist of both a preliminary probable cause hearing and a final hearing to determine guilt; where one hearing, which satisfies procedural due process, is held soon after the defendant is given notice, the revocation hearing requirements are fulfilled.

3. -- Probation -- Probation Violation -- Hearing -- Notice -- Reasonable Notice -- Statutes.

The requirement of reasonable notice must be read into the statutory provision entitling a defendant charged with a violation of probation to a written copy of the charges against him and to a hearing thereon (MCLA 771.4; MSA 28.1134).

4. -- Probation -- Probation Revocation -- Hearing -- Notice -- Reasonable Notice.

A defendant was not given reasonable notice of a probation revocation hearing where the hearing was held only one day after the order of violation was dated; the defendant was not afforded sufficient time to retain counsel, gather witnesses, or otherwise prepare a defense.

5. Constitutional Law -- Probation -- Probation Revocation -- Hearing -- Right to Counsel -- Opportunity to Obtain Counsel -- Reasonable Opportunity.

A defendant is guaranteed the right to counsel at a probation revocation hearing which also involves sentencing, and this right entails affording the defendant a reasonable opportunity to obtain counsel of his own choosing; one day is not such a reasonable opportunity, and a trial court's refusal to allow a defendant time ...


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