probation revocation hearing (Connecticut) · Go Syfert
← Connecticut issues

probation revocation hearing in Connecticut

98 Connecticut opinions name it 3 courts 1987–2026 6 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (26)

CaseFollowedCited
State v. SHAKIRgreen
connappct · 2011 · cited in 5 Connecticut opinions naming this issue, 2018–2025
2 sentences

2018See State v. Shakir , supra, 130 Conn. App. at 468 , 22 A.3d 1285 ("[T]he factual underpinnings for the minor complainant's not being produced to testify that might amount to good cause were not developed via evidence on the record demonstrating whether producing her would cause great difficulty, expense or risk of harm.... [W]e conclude that the record is inadequate for our review under Golding ."); see also State v. Polanco , supra, 165 Conn. App. at 576 , 140 A.3d 230 ("[T]he record is silent as to the state's reasons for not producing [the witness] at the probation revocation hearing and a

2018See State v. Shakir , supra, 130 Conn. App. at 468 , 22 A.3d 1285 ("[T]he factual underpinnings for the minor complainant's not being produced to testify that might amount to good cause were not developed via evidence on the record demonstrating whether producing her would cause great difficulty, expense or risk of harm.... [W]e conclude that the record is inadequate for our review under Golding ."); see also State v. Polanco , supra, 165 Conn. App. at 576 , 140 A.3d 230 ("[T]he record is silent as to the state's reasons for not producing [the witness] at the probation revocation hearing and a

45
Gagnon v. Scarpellired
scotus · 1973 · cited in 10 Connecticut opinions naming this issue, 1988–2025
2 sentences

1996We have stated that: “A probation revocation hearing is not a stage of a criminal prosecution . . . .” (Citations omitted.) State v. Carey, 30 Conn. App. 346, 350 , 620 A.2d 201 (1993), rev’d on other grounds, 228 Conn. 487 , 636 A.2d 840 (1994), citing Gagnon v. Scarpelli, 411 U.S. 778, 782 , 93 S. Ct. 1756 , 36 L.

1996We have stated that: “A probation revocation hearing is not a stage of a criminal prosecution . . . .” (Citations omitted.) State v. Carey, 30 Conn. App. 346, 350 , 620 A.2d 201 (1993), rev’d on other grounds, 228 Conn. 487 , 636 A.2d 840 (1994), citing Gagnon v. Scarpelli, 411 U.S. 778, 782 , 93 S. Ct. 1756 , 36 L.

210
State v. Stricklandgreen
conn · 1997 · cited in 8 Connecticut opinions naming this issue, 1998–2011
2 sentences

1999We need not address that argument in light of our determination that the defendant is entitled to a new dispositional hearing because he was denied the opportunity personally to address the court at the original hearing. 18 In State v. Strickland, 243 Conn. 339, 354 , 703 A.2d 109 (1997), we held that what is now Practice Book § 43-10 (3), 19 which affords criminal defendants the right personally to address the court at the time of sentencing, also applies to the dispositional phase of a probation revocation hearing.

1999We need not address that argument in light of our determination that the defendant is entitled to a new dispositional hearing because he was denied the opportunity personally to address the court at the original hearing. 18 In State v. Strickland, 243 Conn. 339, 354 , 703 A.2d 109 (1997), we held that what is now Practice Book § 43-10 (3), 19 which affords criminal defendants the right personally to address the court at the time of sentencing, also applies to the dispositional phase of a probation revocation hearing.

28
State v. Davisgreen
conn · 1994 · cited in 7 Connecticut opinions naming this issue, 1998–2018
2 sentences

2018In citing to cases involving criminal prosecutions hereafter, we acknowledge that a probation revocation hearing is not a criminal proceeding, but, instead, "akin to a civil proceeding"; State v. Davis , supra, 229 Conn. at 295 , 641 A.2d 370 ; and that "[a]lthough the revocation may be based upon criminal conduct, the constitution does not require that proof of such conduct be sufficient to sustain a criminal conviction." (Internal quotation marks omitted.) State v. Benjamin , 299 Conn. 223 , 235, 9 A.3d 338 (2010) ; see also State v. Megos , 176 Conn. App. 133 , 139, 170 A.3d 120 (2017).

2018In citing to cases involving criminal prosecutions hereafter, we acknowledge that a probation revocation hearing is not a criminal proceeding, but, instead, "akin to a civil proceeding"; State v. Davis , supra, 229 Conn. at 295 , 641 A.2d 370 ; and that "[a]lthough the revocation may be based upon criminal conduct, the constitution does not require that proof of such conduct be sufficient to sustain a criminal conviction." (Internal quotation marks omitted.) State v. Benjamin , 299 Conn. 223 , 235, 9 A.3d 338 (2010) ; see also State v. Megos , 176 Conn. App. 133 , 139, 170 A.3d 120 (2017).

27
Morrissey v. Brewergreen
scotus · 1972 · cited in 5 Connecticut opinions naming this issue, 2001–2018
2 sentences

2013This court noted that a revocation of probation hearing is not part of a criminal proceeding and that the full panoply of rights accorded a criminal defendant do not pertain to a probation revocation hearing, quoting Morrissey v. Brewer, 408 U.S. 471, 480 , 92 S. Ct. 2593 , 33 L.

2013This court noted that a revocation of probation hearing is not part of a criminal proceeding and that the full panoply of rights accorded a criminal defendant do not pertain to a probation revocation hearing, quoting Morrissey v. Brewer, 408 U.S. 471, 480 , 92 S. Ct. 2593 , 33 L.

25
State v. Polancogreen
connappct · 2016 · cited in 3 Connecticut opinions naming this issue, 2018–2020
2 sentences

2018See State v. Shakir , supra, 130 Conn. App. at 468 , 22 A.3d 1285 ("[T]he factual underpinnings for the minor complainant's not being produced to testify that might amount to good cause were not developed via evidence on the record demonstrating whether producing her would cause great difficulty, expense or risk of harm.... [W]e conclude that the record is inadequate for our review under Golding ."); see also State v. Polanco , supra, 165 Conn. App. at 576 , 140 A.3d 230 ("[T]he record is silent as to the state's reasons for not producing [the witness] at the probation revocation hearing and a

2018See State v. Shakir , supra, 130 Conn. App. at 468 , 22 A.3d 1285 ("[T]he factual underpinnings for the minor complainant's not being produced to testify that might amount to good cause were not developed via evidence on the record demonstrating whether producing her would cause great difficulty, expense or risk of harm.... [W]e conclude that the record is inadequate for our review under Golding ."); see also State v. Polanco , supra, 165 Conn. App. at 576 , 140 A.3d 230 ("[T]he record is silent as to the state's reasons for not producing [the witness] at the probation revocation hearing and a

23
Dushay v. Southern Connecticut Hockey League, LLCgreen
connappct · 2025 · cited in 2 Connecticut opinions naming this issue, 2025–2026
2 sentences

2026See, e.g., Dushay v. Southern Con- necticut Hockey League, LLC, 234 Conn. App. 609 , 612 n.3, 344 A.3d 175 (2025). ‘A reviewing court cannot go beyond the proper record before it in the determination of issues presented on appeal. . . .

2025See, e.g., Dushay v. Southern Connecticut Hockey League, LLC, 234 Conn. App. 609 , 612 n.3, A.3d (2025). ‘‘A reviewing court cannot go beyond the proper record before it in the determination of issues presented on appeal. . . .

22
State v. Hedmangreen
connappct · 2001 · cited in 2 Connecticut opinions naming this issue, 2002–2002
22
State v. Hanusiakgreen
connappct · 1966 · cited in 2 Connecticut opinions naming this issue, 1991–1991
22
State v. Smithgreen
conn · 1988 · cited in 4 Connecticut opinions naming this issue, 1991–2018
2 sentences

2018Criminal cases such as State v. Krijger , 313 Conn. 434 , 97 A.3d 946 (2014), 7 in which the beyond a reasonable doubt burden of proof applied, therefore are distinguishable from the present case, as "a probation violation need be proven only by a preponderance of the evidence" and "need not be sufficient to sustain a violation of a criminal law." (Emphasis altered; internal quotation marks omitted.) State v. Megos , supra, 176 Conn. App. at 139 , 170 A.3d 120 ; see also State v. Smith , 207 Conn. 152 , 177, 540 A.2d 679 (1988) ("the authorities are virtually unanimous in concluding that the s

2018Criminal cases such as State v. Krijger , 313 Conn. 434 , 97 A.3d 946 (2014), 7 in which the beyond a reasonable doubt burden of proof applied, therefore are distinguishable from the present case, as "a probation violation need be proven only by a preponderance of the evidence" and "need not be sufficient to sustain a violation of a criminal law." (Emphasis altered; internal quotation marks omitted.) State v. Megos , supra, 176 Conn. App. at 139 , 170 A.3d 120 ; see also State v. Smith , 207 Conn. 152 , 177, 540 A.2d 679 (1988) ("the authorities are virtually unanimous in concluding that the s

14
State v. Verdolinigreen
connappct · 2003 · cited in 4 Connecticut opinions naming this issue, 2005–2010
2 sentences

2010Hearsay evidence may be admitted in a probation revocation hearing if it is relevant, reliable and probative.” (Citation omitted.) State v. Verdolini, 76 Conn. App. 466, 471 , 819 A.2d 901 (2003).

2010Hearsay evidence may be admitted in a probation revocation hearing if it is relevant, reliable and probative.” (Citation omitted.) State v. Verdolini, 76 Conn. App. 466, 471 , 819 A.2d 901 (2003).

14
State v. Baxtergreen
connappct · 1989 · cited in 4 Connecticut opinions naming this issue, 1993–2003
2 sentences

2000The court found that as far as the probation officers were concerned, the defendant was not living at the address he gave them, had not made a change of address with the probation officers and that the probation officers were unable to visit the defendant at his residence. “[ A] probation revocation hearing does not require all of the procedural components associated with an adversarial criminal proceeding.” State v. Smith, 207 Conn. 152, 176-77 , 540 A.2d 679 (1988). “[T]he purpose of a probation revocation hearing is to determine whether there are findings upon which a violation of a conditi

2000The court found that as far as the probation officers were concerned, the defendant was not living at the address he gave them, had not made a change of address with the probation officers and that the probation officers were unable to visit the defendant at his residence. “[ A] probation revocation hearing does not require all of the procedural components associated with an adversarial criminal proceeding.” State v. Smith, 207 Conn. 152, 176-77 , 540 A.2d 679 (1988). “[T]he purpose of a probation revocation hearing is to determine whether there are findings upon which a violation of a conditi

14
State v. Careygreen
conn · 1994 · cited in 3 Connecticut opinions naming this issue, 1996–2018
2 sentences

1999See State v. Carey, 30 Conn. App. 346, 355 [ 620 A.2d 201 ] (1993) (‘[w]hen the evidence adduced at a probation revocation hearing is insufficient, the defendant is entitled to a judgment of acquittal’), rev’d on other grounds, 228 Conn. 487 [ 636 A.2d 840 ] (1994); but see State v. McDowell, 242 Conn. 648, 653 [ 699 A.2d 987 ] (1997) (bar of double jeopardy attaches only to proceedings that are essentially criminal, and probation revocation hearings are not considered criminal proceedings).” Because we conclude, however, that the evidence was sufficient to support the revocation of the defend

1999See State v. Carey, 30 Conn. App. 346, 355 [ 620 A.2d 201 ] (1993) (‘[w]hen the evidence adduced at a probation revocation hearing is insufficient, the defendant is entitled to a judgment of acquittal’), rev’d on other grounds, 228 Conn. 487 [ 636 A.2d 840 ] (1994); but see State v. McDowell, 242 Conn. 648, 653 [ 699 A.2d 987 ] (1997) (bar of double jeopardy attaches only to proceedings that are essentially criminal, and probation revocation hearings are not considered criminal proceedings).” Because we conclude, however, that the evidence was sufficient to support the revocation of the defend

13
State v. Careygreen
connappct · 1993 · cited in 3 Connecticut opinions naming this issue, 1996–2018
2 sentences

1999See State v. Carey, 30 Conn. App. 346, 355 [ 620 A.2d 201 ] (1993) (‘[w]hen the evidence adduced at a probation revocation hearing is insufficient, the defendant is entitled to a judgment of acquittal’), rev’d on other grounds, 228 Conn. 487 [ 636 A.2d 840 ] (1994); but see State v. McDowell, 242 Conn. 648, 653 [ 699 A.2d 987 ] (1997) (bar of double jeopardy attaches only to proceedings that are essentially criminal, and probation revocation hearings are not considered criminal proceedings).” Because we conclude, however, that the evidence was sufficient to support the revocation of the defend

1999See State v. Carey, 30 Conn. App. 346, 355 [ 620 A.2d 201 ] (1993) (‘[w]hen the evidence adduced at a probation revocation hearing is insufficient, the defendant is entitled to a judgment of acquittal’), rev’d on other grounds, 228 Conn. 487 [ 636 A.2d 840 ] (1994); but see State v. McDowell, 242 Conn. 648, 653 [ 699 A.2d 987 ] (1997) (bar of double jeopardy attaches only to proceedings that are essentially criminal, and probation revocation hearings are not considered criminal proceedings).” Because we conclude, however, that the evidence was sufficient to support the revocation of the defend

13
State v. Durantgreen
connappct · 2006 · cited in 3 Connecticut opinions naming this issue, 2008–2009
2 sentences

2009The proof of the conduct at the hearing need not be sufficient to sustain a violation of a criminal law." (Internal quotation marks omitted.) Id., at 226, 892 A.2d 302 .

2008See State v. Durant, 94 Conn. App. 219 , 892 A.2d 302 (2006), aff'd, 281 Conn. 548 , 916 A.2d 2 (2007).

13
State v. SHAKIRgreen
conn · 2011 · cited in 2 Connecticut opinions naming this issue, 2018–2023
2 sentences

2018United States v. Williams , 443 F.3d 35 , 45 (2d Cir. 2006) ; see also United States v. Chin , 224 F.3d 121 , 124 (2d Cir. 2000)." (Internal quotation marks omitted.) State v. Shakir , 130 Conn. App. 458 , 468, 22 A.3d 1285 , cert. denied, 302 Conn. 931 , 28 A.3d 345 (2011). 11 This court recently concluded that a claim that a court denied a defendant's right to due process by admitting testimonial hearsay at a probation revocation hearing, without giving the defendant the opportunity to confront the declarant, was not preserved for appeal because the defendant, at the hearing, never argued to

2018United States v. Williams , 443 F.3d 35 , 45 (2d Cir. 2006) ; see also United States v. Chin , 224 F.3d 121 , 124 (2d Cir. 2000)." (Internal quotation marks omitted.) State v. Shakir , 130 Conn. App. 458 , 468, 22 A.3d 1285 , cert. denied, 302 Conn. 931 , 28 A.3d 345 (2011). 11 This court recently concluded that a claim that a court denied a defendant's right to due process by admitting testimonial hearsay at a probation revocation hearing, without giving the defendant the opportunity to confront the declarant, was not preserved for appeal because the defendant, at the hearing, never argued to

12
State v. Megosgreen
connappct · 2017 · cited in 2 Connecticut opinions naming this issue, 2018–2020
2 sentences

2018In citing to cases involving criminal prosecutions hereafter, we acknowledge that a probation revocation hearing is not a criminal proceeding, but, instead, "akin to a civil proceeding"; State v. Davis , supra, 229 Conn. at 295 , 641 A.2d 370 ; and that "[a]lthough the revocation may be based upon criminal conduct, the constitution does not require that proof of such conduct be sufficient to sustain a criminal conviction." (Internal quotation marks omitted.) State v. Benjamin , 299 Conn. 223 , 235, 9 A.3d 338 (2010) ; see also State v. Megos , 176 Conn. App. 133 , 139, 170 A.3d 120 (2017).

2018In citing to cases involving criminal prosecutions hereafter, we acknowledge that a probation revocation hearing is not a criminal proceeding, but, instead, "akin to a civil proceeding"; State v. Davis , supra, 229 Conn. at 295 , 641 A.2d 370 ; and that "[a]lthough the revocation may be based upon criminal conduct, the constitution does not require that proof of such conduct be sufficient to sustain a criminal conviction." (Internal quotation marks omitted.) State v. Benjamin , 299 Conn. 223 , 235, 9 A.3d 338 (2010) ; see also State v. Megos , 176 Conn. App. 133 , 139, 170 A.3d 120 (2017).

12
State v. Durantgreen
conn · 2007 · cited in 2 Connecticut opinions naming this issue, 2008–2008
12
State v. Gradzikgreen
conn · 1984 · cited in 1 Connecticut opinions naming this issue, 2025–2025
11
State v. Kelleygreen
conn · 2017 · cited in 1 Connecticut opinions naming this issue, 2025–2025
11
State v. Smithgreen
connappct · 2017 · cited in 1 Connecticut opinions naming this issue, 2025–2025
11
State v. Smithgreen
conn · 2018 · cited in 1 Connecticut opinions naming this issue, 2025–2025
11
Sokoloff v. Saxbegreen
ca2 · 1974 · cited in 1 Connecticut opinions naming this issue, 2022–2022
11
State v. Piercegreen
connappct · 2001 · cited in 1 Connecticut opinions naming this issue, 2020–2020
11
State v. Danielsgreen
conn · 1999 · cited in 1 Connecticut opinions naming this issue, 2018–2018
11
State v. Mayegreen
connappct · 2002 · cited in 1 Connecticut opinions naming this issue, 2018–2018
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. McDowellgreen
conn · 1997 · cited in 3 Connecticut opinions naming this issue, 1999–2018
2 sentences

2018The state, relying on State v. McDowell , 242 Conn. 648 , 653-54, 699 A.2d 987 (1997) (holding that principles of double jeopardy do not bar criminal trial on underlying charges after defendant found in violation of probation), argues that "even if the evidence was insufficient, the defendant should not be entitled to an acquittal, but rather a new probation revocation hearing because the double jeopardy bar attaches only to proceedings that are essentially criminal, and probation revocation hearings are not criminal proceedings." We are not persuaded.

2018The state, relying on State v. McDowell , 242 Conn. 648 , 653-54, 699 A.2d 987 (1997) (holding that principles of double jeopardy do not bar criminal trial on underlying charges after defendant found in violation of probation), argues that "even if the evidence was insufficient, the defendant should not be entitled to an acquittal, but rather a new probation revocation hearing because the double jeopardy bar attaches only to proceedings that are essentially criminal, and probation revocation hearings are not criminal proceedings." We are not persuaded.

13

Also cited on this issue (53)

CaseCitedYears
Payne v. Robinson green
conn · 1988
2 sentences

2001This court has held on several occasions that “[a] revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

2001This court has held on several occasions that “[a] revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

131991–2018
Payne v. Robinson green
connappct · 1987
2 sentences

2001This court has held on several occasions that “[a] revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

2001This court has held on several occasions that “[a] revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

81989–2018
Ochoa-Ochoa v. United States green
scotus · 1988
2 sentences

2001This court has held on several occasions that “[a] revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

2000“A revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

81994–2018
Plyler v. Evatt green
scotus · 1988
2 sentences

2001Since the use of evidence in a probation revocation hearing falls outside the offending officer’s zone of primary interest . . . exclusion of such evidence will not significantly affect a police officer’s motivation in conducting a search.” (Citations omitted; internal quotation marks omitted.) Id., 571 .

2001This court has held on several occasions that “[a] revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

81994–2018
Daloia v. Rose green
scotus · 1988
2 sentences

2001This court has held on several occasions that “[a] revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

2000“A revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct constituted an act sufficient to support a revocation of probation; Payne v. Robinson, 10 Conn. App. 395 , 523 A.2d 917 (1987) [aff'd, 207 Conn. 565 , 541 A.2d 504 , cert. denied, 488 U.S. 898 , 109 S. Ct. 242 , 102 L.

81994–2018
State v. Johnson green
connappct · 1987
2 sentences

1999State v. Roberson, [supra, 165 Conn. 80 ]; State v. Johnson, 11 Conn. App. 251, 257 , 527 A.2d 250 (1987).

1999State v. Roberson, [supra, 165 Conn. 80 ]; State v. Johnson, 11 Conn. App. 251, 257 , 527 A.2d 250 (1987).

51993–1999
State v. Crespo green
connappct · 2019
2 sentences

2025Syllabus In accordance with the Appellate Court’s decision in State v. Crespo ( 190 Conn. App. 639 ), the due process right to confront adverse witnesses at a probation revocation hearing is not absolute but, rather, is determined by application of a balancing test, pursuant to which a court weighs the defen- dant’s interest in confronting the witness against the state’s reasons for not producing the witness and the reliability of the proffered evidence.

2025Third, the defendant moved to vindicate his constitutional due process right to con- front Rainey at the probation revocation hearing, request- ing that, if the state did not produce Rainey to testify, the court should ‘‘engage in the balancing test required by State v. Crespo, [supra, 190 Conn. App. 639 ], and . . . find that the defendant’s right to confront [Rainey] outweighs the state’s reasons for not producing [Rainey] and preclude any testimony regarding the issue of iden- tification.’’ (Citation omitted.) The prosecutor opposed each of the defendant’s motions, arguing in relevant part

32023–2025
State v. Rollins green
connappct · 1999
2 sentences

2015A fact is more probable than not when it is supported by a fair preponderance of the evidence.’’ (Citations omitted; internal quotation marks omitted.) State v. Rollins, 51 Conn. App. 478 , 481–82, 723 A.2d 817 (1999). ‘‘A revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct consti- tuted an act sufficient to support a revocation of proba- tion . . . rather than whether the defendant had, b

2015A fact is more probable than not when it is supported by a fair preponderance of the evidence.’’ (Citations omitted; internal quotation marks omitted.) State v. Rollins, 51 Conn. App. 478 , 481–82, 723 A.2d 817 (1999). ‘‘A revocation of probation proceeding based upon a violation of a criminal law need not be deferred until after a disposition of the charges underlying the arrest because the purpose of a probation revocation hearing is to determine whether a defendant’s conduct consti- tuted an act sufficient to support a revocation of proba- tion . . . rather than whether the defendant had, b

32000–2015
State v. Davis green
connappct · 1993
2 sentences

2009In State v. Davis, 29 Conn. App. 801, 811 , 618 A.2d 557 (1993), rev’d on other grounds, 229 Conn. 285 , 641 A.2d 370 (1994), this court stated that, during a probation revocation hearing, a court may consider “the types of information properly considered at an original sentencing hearing because a revocation hearing is merely a reconvention of the original sentencing ....

2009In State v. Davis, 29 Conn. App. 801, 811 , 618 A.2d 557 (1993), rev’d on other grounds, 229 Conn. 285 , 641 A.2d 370 (1994), this court stated that, during a probation revocation hearing, a court may consider “the types of information properly considered at an original sentencing hearing because a revocation hearing is merely a reconvention of the original sentencing ....

31994–2009
State v. Golding green
conn · 1989
2 sentences

1996The defendant argues that by expressing disbelief of the defendant’s testimony and defense counsel's argument, the trial court deprived him of his due process right to a probation revocation hearing before a “neutral hearing body.” 5 Because this claim was not preserved at trial, the defendant seeks review pursuant to State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989), and the plain error doctrine.

1996The defendant argues that by expressing disbelief of the defendant’s testimony and defense counsel's argument, the trial court deprived him of his due process right to a probation revocation hearing before a “neutral hearing body.” 5 Because this claim was not preserved at trial, the defendant seeks review pursuant to State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989), and the plain error doctrine.

31995–2003
State v. Roberson green
conn · 1973
2 sentences

1996State v. Roberson, 165 Conn. 73, 80 , 327 A.2d 556 (1973); State v. Johnson, 11 Conn. App. 251, 257 , 527 A.2d 250 (1987).

1996State v. Roberson, 165 Conn. 73, 80 , 327 A.2d 556 (1973); State v. Johnson, 11 Conn. App. 251, 257 , 527 A.2d 250 (1987).

31993–1996
State v. Faraday green
conn · 2004
2 sentences

2025A review of the cases defining the due process protec- tions afforded to a defendant at a probation revocation hearing, including Crespo, informs our abandonment analysis. ‘‘The due process clause of the fourteenth amendment to the United States constitution requires that certain minimum procedural safeguards be observed in the process of revoking the conditional liberty cre- ated by probation.’’ (Internal quotation marks omitted.) State v. Faraday, 268 Conn. 174, 182 , 842 A.2d 567 (2004).

2025A review of the cases defining the due process protec- tions afforded to a defendant at a probation revocation hearing, including Crespo, informs our abandonment analysis. ‘‘The due process clause of the fourteenth amendment to the United States constitution requires that certain minimum procedural safeguards be observed in the process of revoking the conditional liberty cre- ated by probation.’’ (Internal quotation marks omitted.) State v. Faraday, 268 Conn. 174, 182 , 842 A.2d 567 (2004).

22025–2025
North Carolina v. Alford green
scotus · 1970
2 sentences

2020In this opinion the other judges concurred. 1 See North Carolina v. Alford, 400 U.S. 25, 37 , 91 S. Ct. 160 , 27 L.

2020In this opinion the other judges concurred. 1 See North Carolina v. Alford, 400 U.S. 25, 37 , 91 S. Ct. 160 , 27 L.

22005–2020
State v. Barnes neutral
connappct · 2009
22018–2019
Smith v. Commissioner of Correction green
conn · 2009
2 sentences

2019Despite that panoply of requirements, a probation revocation hearing does not require all of the procedural components associated with an adverse criminal proceeding." (Internal quotation marks omitted.) *651 State v. Barnes , 116 Conn. App. 76 , 79, 974 A.2d 815 , cert. denied, 293 Conn. 925 , 980 A.2d 913 (2009) ; see also State v. Giovanni P. , supra, 155 Conn. App. at 334-35 , 110 A.3d 442 .

2018Despite that panoply of requirements, a probation revocation hearing does not require all of the procedural components associated with an adversarial criminal proceeding." (Internal quotation marks omitted.) State v. Barnes , 116 Conn. App. 76 , 79, 974 A.2d 815 , cert. denied, 293 Conn. 925 , 980 A.2d 913 (2009).

22018–2019
Connecticut v. Campbell green
conn · 2009
22018–2019
Minnesota v. Murphy green
scotus · 1984
22018–2018
State v. Lanagan green
connappct · 2010
22011–2017
State v. John M. green
conn · 2006
22006–2015
Mitchell v. Commissioner of Correction green
conn · 2006
22006–2015
State v. Gumbs neutral
connappct · 2006
22006–2015
State v. Jacobs green
conn · 1994
22001–2011
State v. Young green
conn · 2001
22009–2010
State v. Young green
connappct · 2001
22009–2010
State v. Strickland green
connappct · 1996
21998–2002
Fair v. Warden green
conn · 1989
21996–1998
Kucher v. Massachusetts green
scotus · 1989
21996–1998
Gardner v. Alabama green
scotus · 1989
21996–1998
State v. White green
conn · 1975
21989–1994
Vlahakis v. Illinois green
scotus · 1975
21989–1994
A. Wichman & Son v. Fox green
sc · 1914
21989–1994
United States v. Calandra green
scotus · 1974
21991–1991
Sprague v. Commission on Human Rights & Opportunities green
conn · 1985
21987–1988
Shelby Mutual Insurance v. Ghelfa green
conn · 1985
21987–1988
State v. Cooley green
connappct · 1985
21987–1988
State v. Tucker green
connappct · 2018
12023–2023
Hazel v. Comm'r of Corr. green
conn · 2018
12023–2023
State v. Blaine green
conn · 2018
12023–2023
McManners v. State green
alaskactapp · 1982
12022–2022
State v. Hooks green
conn · 2003
12020–2020

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-32 (79) CT § Conn. Gen. Stat. § 53a-29 (13) CT § Conn. Gen. Stat. § 21a-279 (12) CT § Conn. Gen. Stat. § 53a-61 (12) CT § Conn. Gen. Stat. § 53a-30 (11) CT § Conn. Gen. Stat. § 21a-277 (10) CT § Conn. Gen. Stat. § 1-1 (8) CT § Conn. Gen. Stat. § 53a-172 (8) CT § Conn. Gen. Stat. § 53-21 (7) CT § Conn. Gen. Stat. § 53a-134 (7) CT § Conn. Gen. Stat. § 53a-181 (7) CT § Conn. Gen. Stat. § 53a-62 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 299 (1971–2026) IN 271 (1973–2025) CA 253 (1968–2026) TN 165 (1980–2026) FL 164 (1966–2026) IL 149 (1969–2026) AL 130 (1970–2026) PA 128 (1973–2026) OH 121 (1963–2026) NC 113 (1979–2026) CT 98 (1987–2026) RI 83 (1974–2024) GA 63 (1972–2026) NM 59 (1995–2026) MA 57 (1979–2026) MO 55 (1978–2024) OR 52 (1971–2025) KS 47 (1980–2025) SC 46 (1981–2023) MD 41 (1968–2025) MI 40 (1972–2024) VA 34 (1985–2025) MN 33 (1984–2024) CO 31 (1974–2025) ID 30 (1967–2025) VT 30 (1986–2025) KY 28 (1979–2026) WA 28 (1972–2024) AZ 28 (1973–2026) NY 24 (1970–2025) LA 23 (1970–2025) AK 23 (1973–2023) WY 19 (1985–2026) WV 18 (1976–2025) UT 17 (1991–2025) WI 17 (1971–2015) MT 17 (1989–2024) NV 14 (1968–2021) DC 14 (1983–2015) AR 14 (1991–2024) MS 14 (1994–2020) IA 13 (1976–2026) HI 10 (1980–2021) ME 10 (1985–2025) ND 10 (1978–2025) NE 10 (1988–2024) NJ 6 (1982–2002) NH 6 (1996–2011) SD 5 (1988–2024) DE 3 (1968–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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