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Intriguing Third Circuit case on considering hearsay in supervised release revocation

By Douglas A. Berman

The Third Circuit has an intriguing little procedural ruling today in US v. Lloyd, No. 08-2513 (3d Cir. May 27, 2009) (available here).  Here are the basics of the ruling and a few of the doctrinal highlights: At issue in this appeal is hearsay evidence presented during Appellant Ashbert Lloyd?s supervised release revocation hearing.... The question presented is whether Lloyd?s sentence was based on improper hearsay evidence. Since the Federal Rules of Evidence do not apply in revocation hearings, see FED. R. EVID. 1101(d)(3), hearsay that would be inadmissible at a criminal trial may support a judge?s decision to revoke supervised release.  This does not mean, however, that hearsay evidence is ipso facto admissible. Due process requires that supervised releasees retain at least a limited right to confront adverse witnesses in a revocation hearing...continue to full post

Full post as published by Sentencing Law and Policy on May 27, 2009 (boomark / email).