Research

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Topics:
  • Right to Diversion

There is no right to enter drug court.

Drug Court
Topics:
  • Due Process

A homeless person who failed to comply with his probation conditions regarding GPS monitoring because the shelter where he lived could not accommodate the GPS technology did so through no fault of his own and he could not be violated where there could be no finding of willful noncompliance.

Topics:
  • Fourth Amendment

Requiring parents to undergo drug testing as part of daughter’s juvenile probation is a violation of the parent’s Fourth Amendment rights.

Topics:
  • Waiver

Defendant may waive right to credit time as part of drug court agreement.

Drug Court
Topics:
  • Waiver

Defendant waived pre drug court incarceration credit to enter drug court program.

Drug Court
Topics:
  • Right to Diversion

Participation in drug court is discretionary and does not create a liberty interest; denial of entry not due process or equal protection violation.

Drug Court
Probation Terms:
  • Use Restrictions

Alcohol use restrictions and mandatory testing ordered as part of supervised release should be based upon need.

Drug Court
Topics:
  • First Amendment

A state supported non-coercive, non-rewarding faith based program violates the Establishment Clause of the First Amendment because an alternative was not available.

Drug Court
Topics:
  • First Amendment

A parole officer had lost qualified immunity because he forced Alcoholics Anonymous on a Buddhist defendant.

Drug Court

Because defendant voluntarily entered program, not entitled to pre-sentence credit for time spent in inpatient program.

Drug Court

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