State of Tennessee v. Michael Ray Hogan
Syllabus
The Defendant, Michael Ray Hogan, appeals as of right from the Sullivan County Criminal Court's revocation of his probation and reinstatement of the remainder of his four-year sentence based upon his committing new offenses, failing to report his arrests to his probation officer, and for failing to report to his probation officer. The Defendant contends that the trial court abused its discretion by: (1) finding that the Defendant violated his probation because the firearm and suspected marijuana were seized in violation of his Fourth Amendment rights (2) considering proof that occurred after the violation warrant was filed (3) and requiring the Defendant to serve the balance of his sentence in custody. Following our review, we affirm the judgment of the trial court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The defendant alleges that the prosecution withheld the fact of an agreement it purportedly made with a key witness . . . ”
- new evidence that key prosecution witness may have had plea agreement at time of testimony did not warrant new trial where other evidence against defendant, including defendant’s own confession, was “overwhelming”
- \the absence of countervailing affidavits from those in a position to know the 15 truth regarding the existence of an agreement supports a determination of a lack of credibility\
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge D. Kelly Thomas, Jr.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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