United States v. Robert Lee Miller, A/K/A Charles W. Raven

The appellant was convicted on January 19, 1972 of a felony, imposition of sentence was suspended and he was placed on probation for three years. On October 11, 1974, after a hearing, the court found that appellant had violated the terms of probation and sentenced him for a period of three years.

The question presented on this appeal is whether the admission of the hearsay testimony of the Probation Officer and the admission into evidence of unauthenticated records at the revocation hearing violated the due process requirements of Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972) and Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973).

The revocation hearing commenced on October 8, 1974, but because appellant’s probation officer could not be sure of the dates on which appellant had committed alleged violations of the terms of his probation, the court continued the matter on its own motion to October 11, 1974, at which time the hearing resumed. At all times pertinent to the revocation hearing, the appellant was present in person and represented by counsel.

The only witness who testified at the hearing was appellant’s…