Tuesday, May 09, 2006

S.C. Supreme Court holds that Rule 5 and Brady do not apply to probation revocation proceedings

In State v. Hill, the state supreme court considered whether the specific requirements of Brady and Rule 5 apply to probation revocation proceedings. The court of appeals had held that both apply to probation revocation proceedings, but the supreme court disagreed. The supreme court reasoned that while the underlying probation violations may be criminal offenses, the probation revocation proceeding is not a criminal trial of those charges and thus Brady and Rule 5 do not apply.

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