(Download) "People v. Rocha" by Court of Appeals of Michigan " Book PDF Kindle ePub Free
eBook details
- Title: People v. Rocha
- Author : Court of Appeals of Michigan
- Release Date : January 17, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Defendant, Domingo Rocha, was convicted, on his plea of guilty, of possession of heroin and was placed on probation. During the term of his probation he was charged with two counts of possession of heroin with intent to deliver. Prior to trial on these charges a probation revocation hearing was held contrary to defendant's request for an adjournment pending Disposition of the underlying charges. Defendant refused to testify or take part in the proceeding and was found guilty in Recorder's Court of Detroit, Joseph A. Gillis, J., of violating his probation. Defendant appeals. Held : For reasons of public policy the testimony of a probationer at a probation revocation hearing held prior to the Disposition of criminal charges arising out of the alleged violation of the conditions of his probation and any evidence derived therefrom is inadmissible against the probationer during subsequent proceedings on the related criminal charges, except for purposes of impeachment or rebuttal where the probationer's revocation hearing testimony or evidence derived therefrom and his testimony on direct examination at the criminal proceedings are so clearly inconsistent as to warrant the trial court's admission of the revocation hearing testimony or its fruits in order to reveal to the trier of fact the probability that the probationer has committed perjury at either the trial or the revocation hearing; the probationer must be advised before he takes the stand at the revocation hearing that his testimony and its fruits will not be admissible against him at a subsequent criminal trial and failure to so advise is reversible error.