State v. Presock

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 09-21-2016
  • Case #: A158073
  • Judge(s)/Court Below: Shorr, J. for the Court; Armstrong, P.J.; & Egan, J.
  • Full Text Opinion

A probationer has the right to discovery only for the evidence used against him.

Defendant appealed the trial court’s denial of his motion to compel the State to produce his probation file prior to a probation revocation proceeding.  The trial court denied the motion with the exception that, if the State intended to use the file as evidence at the hearing, it would then have to produce it. Ultimately, the State did not use the probation file as evidence.

On appeal, Defendant argued he had a due process right under the Fourteenth Amendment to review his probation file. Under U.S. Supreme Court case law, a probationer has the right to discovery only for the evidence used against him.  Morrissey v. Brewer, 408 US 471 at 489 (1972). The Court found that, because the State did not use Defendant’s probation file as evidence against him, he did not have a due process right to access it, and the trial court did not err.  Affirmed.    

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