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Idaho Supreme Court· 10/19/2007

State v. Rose

Citations

  • 171 P.3d 253
  • 144 Idaho 762
  • 2007 Ida. LEXIS 194

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that cases interpreting the Sixth Amendment Confrontation Clause define what confrontation is in the probation revocation context
  • rejecting argument that Crawford applies with equal force to a probationer’s due process right to confrontation
  • holding the same in regard to probation revocation proceedings
  • “Once a probation violation has been proven, the decision of whether to revoke probation is within the sound discretion of the court.”
  • “A motion to revoke probation is not a criminal prosecution. Consequently, the Sixth Amendment’s Confrontation Clause, which grants to criminal defendants the right to confront adverse witnesses, does not apply to probationers.” (citations omitted)
  • \Other jurisdictions that have decided the question appear to be unanimous that Crawford does not change the due process standard for confrontation in a probation revocation hearing.\ (citing United States v. Williams, 443 F.3d 35, 45 (2d Cir.2006

Source: CourtListener parenthetical corpus (CC0).

Judges: Eismajstn, Burdick, Jones, Trout

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

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