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Appellate lawyers say trial court violated due process in Daniel Otten community‑corrections revocation
Summary
At a Tennessee appellate hearing, defense counsel argued that the trial court failed to make required findings before relying on hearsay in a community‑corrections revocation and that the state did not prove Mr. Otten absconded or failed to report.
William Gilligan, appellate counsel for defendant Daniel Otten, told a panel of Tennessee appellate judges that the trial court violated Otten’s due‑process rights by allowing hearsay to support revocation without making required findings of good cause and reliability.
Gilligan said the only explanation in the trial record for the absence of the case officer was the three‑word phrase “ongoing medical concerns,” and that the court made no specific finding that would justify denying Otten the opportunity to confront the witness. “Because of these issues, we ask that the court reverse the judgment of the trial court and remand with an appropriate instruction to reinstate Mister Otten’s alternative sentence,” Gilligan said.
In the nut graf, Gilligan told the…
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