CASE LAW UPDATE: Whether defendant was entitled to a new probation violation hearing because the judge acted like a prosecutor?
Defendant’s felony probation was revoked in the County of Cass, State of Minnesota. On appeal, defendant challenged the revocation of his probation arguing that the trial court failed to provide an impartial judicial officer at his probation revocation proceedings. Noting that the trial court judge here essentially acted as a de factor prosecutor, calling a witness and eliciting testimony to prove an alleged probation violation, the Minnesota Court of Appeals reversed and remanded for a new probation revocation hearing before a difference judicial officer.
State v. Headbird, A10-0030, Cass County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.