Kentucky

Oral findings and videotaped record adequately supported probation revocation at hearing: MOORE v. COM. (COA 3/28/2008)

By Michael Stevens

MOORE V. COM.
CRIMINAL:  Oral findings and videotaped record adequately supported probation revocation at hearing
2007-CA-000244
PUBLISHED: AFFIRMING
PANEL: KELLER PRESIDING; CLAYTON, MOORE CONCUR
JEFFERSON COUNTY
DATE RENDERED: 3/28/2008

CA held that the law as expressed in the federal Courts of Appeals should be the law in Kentucky, and therefore adopted the legal proposition that oral findings made by a trial court shall be sufficient to meet the written findings requirement of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), so long as the record of the oral findings is sufficient for due process purposes to permit the parties and the reviewing court to ascertain the basis of the trial court's decision. In the present case, the videotaped record of the revocation hearing provides an adequate record of the evidence relied on and the basis for the revocation, as the trial judge made a lengthy oral ruling at the conclusion of the hearing. Therefore, we hold that the circuit court's oral findings were sufficient to satisfy the written requirement of Morrissey, and that there is no need to remand the matter for the entry of written findings.

Digested by Scott C. Byrd
www.olginandbyrd.com

Full post as published by Kentucky Cases on June 07, 2008 (boomark / email).