State Of Louisiana v. Darrell Glenn Cager, Jr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0041

VERSUS

DARRELL GLENN LAGER, JR. SEPTEMBER 10, 2020

In Re: Darrell Glenn Cager, Jr., for
applying supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, Nos. 11- 17- 0374, 10- 18- 0120 & 01- 19- 0236.

BEFORE: WHIPPLE, C. J., GUIDRY AND WOLFE, JJ.

WRIT GRANTED.
A probation revocation hearing is subject to
due process safeguards, including adequate notice and an

opportunity to present evidence. See Gagnon v. Scarpelli, 411
U. S. 778, 93 S. Ct. 1756, 36 L. Ed. 2d 656 ( 1973). The record does
not show that the State followed the notice and rule
requirements prior to revoking relator' s probation, which
occurred at a restitution hearing. Accordingly, the decision to
revoke relator' s probation is vacated, and this matter is
remanded to the district court for further proceedings.
Relator' s probation status is reinstated pending further
proceedings.

VGW
JMG

Wolfe, J.,
dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT