Research

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Topics:
  • First Amendment

The county governmental agency violated the Establishment Clause of the First amendment by requiring probationer convicted of driving under the influence to participate in Alcoholics Anonymous.

For a direct appeal of a probation revocation order, the Notice of Appeal must be filed within 30 days of imposition of sentence.

Topics:
  • Due Process

A probationer has a due process right to be present at a probation revocation hearing.

Topics:
  • Confidentiality

Alcoholics Anonymous volunteer phone operators are not counselors or therapists.

Drug Court
Topics:
  • First Amendment

Conditioning desirable privilege such as family visitation on a prisoner’s participation in program that incorporated Alcoholics Anonymous doctrine was unconstitutional because it violated the Establishment Clause of the First Amendment.

In addition to live witness testimony, affidavits and depositions from people with personal knowledge are generally deemed reliable.

Topics:
  • Fourth Amendment
Probation Terms:
  • Revocation

Fourth Amendment is not applicable to probation revocation proceedings.

Topics:
  • Due Process
  • Sixth Amendment

Modification of probation terms is critical stage of proceedings, and right to counsel attaches, at least where modification adds significant terms to probation.

Drug Court
Topics:
  • Due Process

Adequacy of service of notice is determined on a case-by-case basis, taking into account the information known about the defendant’s addresses. There is a right to counsel at the probation violation hearing and counsel should be given a reasonable opportunity to prepare and present a defense.

Topics:
  • Confidentiality

Under Maine privilege statute, therapist-patient privilege not applicable to Alcoholics Anonymous peer group sessions.

Drug Court

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