TBA Law Blog

TBA Law Blog

Court: Probation Revocation Proceedings Require 2 Separate Exercises

Posted by: Stacey Shrader Joslin on Mar 4, 2022

The Tennessee Supreme Court today held that probation revocation proceedings involve a two-step inquiry on the part of the trial court. The “two separate exercises of discretion” that should take place after a trial court finds that a defendant has violated the conditions of probation are: (1) determine whether to revoke probation, and (2) determine the appropriate consequence to impose upon revocation. When reviewing these decisions, appellate courts must consider each decisions separately. The court also held that if the trial court has properly placed its findings on the record, the standard of appellate review for probation revocations is abuse of discretion with a presumption of reasonableness.

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