Gross v. State of Maine

Drug Court

Gross v. State of Maine

Case Year: 
2013
State of Origin: 
Maine

Drug Court participants are entitled to: notice of the termination allegations and the evidence against them, right to call and cross examine witnesses, a hearing at which they are present, a neutral magistrate, written factual findings and the right to counsel.  Where, the drug court team discussed the termination decision during the termination hearing, without defendant’s presence or that of his counsel, that procedure coupled by the fact the Superior Court felt that the drug court judge should have recused, resulted in a finding of constitutional infirmity.

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