STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0041 VERSUS

DARRELL GLENN LAGER, JR. SEPTEMBER 10, 2020

In Re: Darrell Glenn Cager, Jr., for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, Nos. 11- 17- 0374, 10- 18- 0120 & 01- 19- 0236.

BEFORE: WHIPPLE, C. J., GUIDRY AND WOLFE, JJ.

WRIT GRANTED.

A probation revocation hearing is subject to due process safeguards, including adequate notice and an opportunity to present evidence. See Gagnon v. Scarpelli, 411 U. S. 778, 93 S. Ct. 1756, 36 L. Ed. 2d 656 ( 1973). The record does not show that the State followed the notice and rule requirements prior to revoking relator' s probation, which occurred at a restitution hearing. Accordingly, the decision to revoke relator' s probation is vacated, and this matter is remanded to the district court for further proceedings.

Relator' s probation status is reinstated pending further proceedings.

VGW JMG

Wolfe, J., dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT