STATE v. GERARD

No. State 27.

57 Wis.2d 611 (1973)

205 N.W.2d 374

STATE, Respondent, v. GERARD, Appellant.

Supreme Court of Wisconsin.

Decided March 27, 1973.


Attorney(s) appearing for the Case

For the appellant there were briefs by Peter W. Bunde, attorney, and T. L. Tolan, Jr., and Brady, Tyrrell, Cotter & Cutler of counsel, all of Milwaukee, and oral argument by Mr. Bunde.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


BEILFUSS, J.

The defendant first contends that the probation revocation hearing did not comport with due process of law because the trial court denied him the opportunity to cross-examine the opposing witness. We find no error in this respect. The basic requirements of due process of law and fairness require that a factual hearing be held to determine the grounds of revocation. This procedure permits the defendant to be informed of his probation violations, confront...

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