1. Home
  2. Browse Decisions
  3. P.3d
  4. 254 P.3d
  5. 254 P.3d 425 (2011)
 

STATE v. DURHAM

No. SCWC-29923.

254 P.3d 425 (2011)

125 Haw. 114

STATE of Hawai`i, Respondent/Plaintiff-Appellee v. Cornelius Wesley DURHAM, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

Reconsideration Granted in Part and Amended June 14, 2011.

Attorney(s) appearing for the Case

Leslie K. Iczkovitz, (Taryn R. Tomasa, Deputy Public Defender, on the briefs), for petitioner/defendant-appellant.

Peter A. Hanano, Deputy Prosecuting Attorney, County of Maui (Richard K. Minatoya, Deputy Prosecuting Attorney, County of Maui, on the brief), for respondent/plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge BORDER, Assigned due to a Vacancy.

Opinion of the Court by ACOBA, J.

We hold that in a probation revocation proceeding, a defendant must be given notice of all factual information related to probation revocation that is contained in a probation officer's recommendation letter to the court in accordance with State v. Paaaina, 67 Haw. 408, 689 P.2d 754 (1984). The lack of such notice amounts to a violation of due process that requires remand and a new probation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases