STATE EX REL. GILLARD v. COOK


528 S.W.2d 545 (1975)

STATE of Tennessee ex rel. Willie GILLARD et al., Appellants, v. Howard G. COOK et al., Appellees.

Supreme Court of Tennessee.

September 29, 1975.


Attorney(s) appearing for the Case

G. Gordon Bonnyman, Jr., Legal Services of Nashville, Inc., Nashville, Adrienne E. Volenik, St. Louis, Mo., for appellants.

R.A. Ashley, Jr., Atty. Gen., David L. Raybin, Asst. Atty. Gen., Nashville, for appellees.


OPINION

FONES, Chief Justice.

This case presents two (2) issues: (1) Whether a juvenile is entitled to counsel at every probation revocation hearing; (2) Whether the standard of proof in juvenile probation revocation hearings should be "beyond a reasonable doubt" or by a "preponderance of the evidence."

Willie Gillard, the Petitioner below, was found delinquent by a juvenile court on a date uncertain but no later than January, 1973, and was committed...

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