Appeals court hears challenge to probation revocation after conflicting 2021 orders and disputed absconding finding

An appellate panel on Oct. 26 heard oral argument in the appeal of Keith Hopkins, who was ordered confined after a 2023 revocation hearing the defense says rested on conflicting orders and unreliable probation testimony.

Chantelle Sotto, Hopkins’ attorney, told the court that an underlying harassment charge tied to a later indictment was dismissed and expunged and that the revocation hearing nonetheless left Hopkins incarcerated. "This matter started briefly ... he was on probation back in 02/2016 ... placed on probation for 4 years 10/11/2021 by Judge Lambe," Sotto said, and later argued that "the court ended up finding an order that said ... he should not be released back to probation" while a second order re-imposed probation the same day.

The panel focused on two central legal questions: whether the trial court made the factual findings required by Dagnon for a probation-violation consequence determination, and whether the appellate court should remand for clearer findings or instead perform a de novo review of consequences. Ronald Coleman, appearing for the state, said the record independently supports a finding that Hopkins absconded for more than a year and that the court may affirm…