At page 1063 Admissibility of non-trial evidence in revocation proceedings12 citing casesbecause there was evidence of the report's reliability, hearsay police report was properly admitted during probation revocation hearing even though arresting officer was not called to testify
- Richard Joseph Belk v. James D. Purkett, 15 F.3d 803 (8th Cir. 1994).publishedFor example, this Circuit has held that the admission of a police report for the limited purpose of demonstrating that the defendant had been arrested was proper. 7 United States v. Pattman, 535 F.2d 1062, 1063 (8th Cir.1976).
- Durling v. Chairman, Massachusetts Parole Bd., 789 F. Supp. 457 (D. Mass. 1992).publishedEgerstaffer v. Israel, supra, 726 F.2d at 1234 citing Prellwitz v. Berg, 578 F.2d 190 (7 Cir., 1978); United States v. Burkhalter, 588 F.2d 604, 607 (8 Cir., 1978); United States v. Pattman, 535 F.2d 1062, 1063 (8 Cir., 1976); United State…
- Ronald Marcus Gholston v. Ron Jones, Warden, & the Attorney Gen. of the State of Alabama, 848 F.2d 1156 (11th Cir. 1988).published (because there was evidence of the report's reliability, hearsay police report was properly admitted during probation revocation hearing even though arresting officer was not called to testify)
- United States v. Rickey Dean Simmons, 812 F.2d 561 (9th Cir. 1987).publishedSee, e.g., United States v. McCallum, 677 F.2d 1024, 1026-27 (4th Cir.), cert. denied, 459 U.S. 1010 , 103 S.Ct. 365 , 74 L.Ed.2d 400 (1982); Prellwitz v. Berg, 578 F.2d 190, 191-93 (7th Cir.1978); United States v. Pattman, 535 F.2d 1062,…
- Country v. Bartee, 808 F.2d 686 (8th Cir. 1987).publishedUnited States v. Burkhalter, 588 F.2d 604, 607 (8th Cir.1978) (demonstrably reliable hearsay evidence need not be subject to confrontation or cross-examination in revocation proceeding); United States v. Pattman, 535 F.2d 1062, 1063-64 (8t…
- Reginald Country v. Ronald Bartee, Chairman, Bd. of Parole Carlos Alvarez, Member Doris Collins, Member M. Weiseman, Member Wayne Schruers, Member James McKenzie Parole Admin., Reginald Country v. Gary Grammer, Warden, 808 F.2d 686 (8th Cir. 1987).publishedUnited States v. Burkhalter, 588 F.2d 604, 607 (8th Cir.1978) (demonstrably reliable hearsay evidence need not be subject to confrontation or cross-examination in revocation proceeding); United States v. Pattman, 535 F.2d 1062, 1063-64 (8t…
- Jacob Egerstaffer, Cross-Appellant v. Thomas Israel, Cross-Appellee, 726 F.2d 1231 (7th Cir. 1984).publishedAccord United States v. Burkhalter, 588 F.2d 604, 607 (8th Cir.1978); United States v. Pattman, 535 F.2d 1062, 1063 (8th Cir.1976); United States v. Miller, 514 F.2d 41, 42-43 (9th Cir.1975).
- Raymond R. Bryan v. Joseph S. Petrovsky, Warden of the United States Med. Ctr. for Fed. Prisoners, & United States Parole Comm'n, 726 F.2d 431 (8th Cir. 1984).publishedCf. United States v. Pattman, 535 F.2d 1062, 1063 (8th Cir.1976) (per curiam) (failure to give prior notice harmless because not prejudicial to defendant).
- Anaya v. State, 606 P.2d 156 (Nev. 1980).published United States v. Pattman, 535 F.2d 1062, 1064 (8th Cir. 1976) (probation officer read from a police report which was accurate on its face as to probationer’s name and description); United States v. Miller, 514 F.2d 41, 42-43 (9th Cir. 1975…
- Colter v. United States, 392 A.2d 994 (D.C. 1978).publishedUnited States v. Pattman, 535 F.2d 1062, 1063 (8th Cir. 1976) (per curiam); see Gagnon v. Scarpelli, supra 411 U.S. at 786 , 93 S.Ct. 1756 .
Show 2 more citing cases
- Barnet v. Warden, State Prison for Women, 986 A.2d 579 (N.H. 2009).published(where petitioner was given actual, but not written, notice of the charges against him on the day of the preliminary hearing and written notice well in advance of the final hearing and failed to show prejudice, the error…)
- Frazier v. State, 600 S.W.2d 271 (Tex. Crim. App. 1980).published See, e. g., United States v. Pattman, 535 F.2d 1062, 1063-64 (8th Cir. 1976) (per curiam); State v. Belcher, 111 Ariz. 580 , 535 P.2d 1297, 1298-99 (1975) (hearsay admissible under statute); State v. Welch, supra. Contra, Robbins v. State,…
At page 1064 Admissibility of police report information in court proceedings4 citing casesuse of out-of-state police report of arrest proper to establish fact of arrest where it contained defendant's name, accurate physical description, and defendant had admitted to probation officer that he was in area of arrest at time in question
- Bailey v. State, 612 A.2d 288 (Md. 1992).publishedSee, e.g., Egerstaffer v. Israel, 726 F.2d 1231, 1234 (7th Cir.1984); United States v. Burkhalter, 588 F.2d 604, 607 (8th Cir.1978); United States v. Pattman, 535 F.2d 1062, 1064 (8th Cir.1976).
- State Ex Rel. MacK v. Purkett, 825 S.W.2d 851 (Mo. 1992).publishedUnited States v. Pattman, 535 F.2d 1062, 1064 (8th Cir.1976).
- People v. Maki, 704 P.2d 743 (Cal. 1985).published (use of out-of-state police report of arrest proper to establish fact of arrest where it contained defendant's name, accurate physical description, and defendant had admitted to probation officer that he was in area of a…)
- Anaya v. State, 606 P.2d 156 (Nev. 1980).published (probation officer read from a police report which was accurate on its face as to probationer’s name and description)
Other citing cases
- United States v. Tommy Jones, No. 19-1759 (6th Cir. May 29, 2020).unpublished
v.
Joseph PATTMAN, Appellant
Joseph Pattman appeals from revocation of his probation on the grounds that (1) he was not given timely written notice of the grounds for revocation, and (2) admission of a police arrest report violated his Sixth Amendment right to confrontation. We affirm the order of revocation.
Pattman pleaded guilty to possession of stolen mail in May 1975. Thereafter, he was placed on probation. The conditions of probation required him to notify his probation officer if he was arrested and to remain at all times within the Eastern District of Missouri. In December 1975, a probation violation warrant issued charging him with failing to report three arrests and leaving the district without permission. When Pattman was arrested pursuant to the warrant, a United States Marshal read him the charges. The same day he appeared before a United States Magistrate for a preliminary hearing. He was given a written copy of the charges after that hearing.
Nine days later, the revocation hearing was held. The only witness testifying at the final hearing was Pattman’s probation officer. Over objection, the officer was allowed to read from a Missouri State Highway Patrol report which stated that Pattman had been arrested in September 1975, in the Western District of Missouri. The probation officer then stated that Pattman had not reported that arrest nor had he requested permission to leave the Eastern District.
On appeal Pattman contends that he was not given adequate notice of the grounds for revocation and that he was denied the right of confrontation. The controlling standards are delineated in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). Morrissey indicated that notice of the time, place and purpose of the preliminary hearing, as well as the alleged grounds for revocation, must be given. 408 U.S. at 486-87, 92 S.Ct. at 2602-03, 33 L.Ed.2d at 497-98. However, only with respect to the final revocation hearing is it clear that the notice must be in writing. Id. at 489, 92 S.Ct. at 2604, 33 L.Ed.2d at 499. Pattman was given actual notice before the preliminary hearing and written notice well in advance of the final hearing. He has not shown any prejudice due to the failure to give written notice prior to the preliminary hearing. The error, if any, was harmless.
Second, we hold that admission of the police report for the limited purpose of showing that Pattman had in fact been arrested [1] was proper even though the arresting officer was not called to testify. While the right to confront and cross-examine adverse witnesses extends to parole and probation revocation hearings, see Gagnon v. Scarpelli, supra; Morrissey v. Brewer, supra; the Supreme Court emphasized that such proceedings are not part of the criminal prosecution and may be conducted under somewhat less rigid evidentiary rules. Thus, the Court said in Morrissey: [*1064] 408 U.S. at 489, 92 S.Ct. at 2604, 33 L.Ed.2d at 499.
[*1063] [T]he process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial.
[*1064] While the police report was hearsay, there was evidence of its reliability in that it contained Pattman’s name and an accurate physical description of him. Further, Pattman had admitted to the probation officer that he was in the Western District of Missouri at the time in question. Under these circumstances, the evidence was properly admitted. Cf. United States v. Miller, 514 F.2d 41 (9th Cir. 1975).
The order of revocation is affirmed.
. The charge leading to probation revocation here was failure to report an arrest. Whether appellant actually committed the crimes for which he was arrested or whether there was probable cause for that arrest is immaterial to this proceeding. Thus, the report was used only to establish the fact of arrest.