In Re Wagner

We grant the petition of Bryan Wagner for a writ of habeas corpus after his incarceration for an alleged violation of a condition of his probation. The trial judge failed to provide petitioner with required due process protections. We also order that, if petitioner so requests, the case be assigned to another judge to determine whether he violated the conditions of his probation and for further proceedings in a manner provided by law.

FACTUAL AND PROCEDURAL BACKGROUND

In his petition for a writ of habeas corpus, petitioner alleged that he had pleaded guilty to a misdemeanor count of spousal battery and was sentenced to “three years modified probation under Judge lies [sic] supervision.” He stated that, as a condition of probation, he was required to make certain payments by January 7, 2003. When he appeared before Judge lies on December 18, 2002, to request modification of the terms under which these payments were to be made, Judge lies referred him to her judicial administra tor to discuss the matter. He further asserted that, after this conversation, the judicial administrator reported to Judge lies that “[petitioner was unwilling to pay a donation of $1,000.00 to the…