State of Tennessee v. Lontrell Williams

Case Number
W2009-00275-CCA-R3-CD

The defendant, Lontrell Williams, appeals the revocation of his probation, arguing that the trial court applied an incorrect legal standard when finding that he had violated the terms of his probation. He, therefore, requests that this court remand for a new probation revocation hearing. The State concedes that the trial court applied an incorrect standard and joins in the defendant’s request for a new revocation hearing under the appropriate standard. We agree that the trial court erroneously based the revocation of the defendant’s probation on a probable cause, rather than a preponderance of the evidence, standard. Accordingly, we reverse the judgment of the trial court and remand the case for a new probation revocation hearing.

Authoring Judge
Judge Alan E. Glenn
Originating Judge
Judge John T. Fowlkes, Jr.
Case Name
State of Tennessee v. Lontrell Williams
Date Filed
Dissent or Concur
This is a dissenting opinion
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