FREDERICK CAGLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Frederick Cagle appeals the revocation of his probation, arguing he was denied due process when the trial court assumed the role of prosecutor during the revocation hearing. The court agreed and reversed, finding that a judge's active questioning of witnesses and assumption of prosecutorial duties violates the fundamental right to a fair and impartial tribunal.
The trial court violated Cagle's due process rights by assuming the prosecutorial role. While trial courts may conduct probation revocation proceedings informally and may question witnesses, they may not take on the prosecutor's role, as doing so deprives defendants of the fair and impartial tribunal required by due process.
[1] A trial court deprives a defendant of due process when it fails to act as a neutral and detached magistrate during a probation revocation hearing.
[2] A trial court may question witnesses during a probation revocation hearing but may not assume the role of the prosecutor.
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Join FLexlaw to unlock all legal intelligence“A trial court may conduct probation revocation proceedings in an informal manner and it may question witnesses, but it may not assume the role of the prosecutor.”
Establishes the legal standard for trial court conduct in probation revocation hearings
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Join FLexlaw to unlock all legal intelligenceAt Cagle's probation revocation hearing, he announced an open plea to one of several violation allegations. The trial court rejected plea negotiations…
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WHATLEY, Judge.
Frederick Cagle appeals the order revoking his probation. He raises several issues, but we need only address his contention, with which the State and we agree, that he was deprived of due process by the trial court’s failure to act as a neutral and detached magistrate.
At the' revocation of probation hearing, defense counsel announced that Cagle was going to enter an open plea to one of the several allegations of violation of probation. After questioning Cagle about the circumstances surrounding the violation, the trial court announced that it was rejecting any plea negotiations and was going to conduct a hearing. The court itself then proceeded to call one of the victims, swear her as a witness, and question her about the circumstances surrounding the offenses Cagle was alleged to have committed against her. Upon concluding its questioning of this victim, the court asked defense counsel if he had any questions for her, but counsel did not. The court then asked the State if it had any testimony it wanted to present, and the State said it wanted to call the other victim. The court called that victim, swore him as a witness, and questioned him itself. When the court attempted to pass the witness to the defense, the State asserted that it had further questions for that witness. After defense counsel cross-examined this witness, the court asked the probation officer several questions without swearing him as a witness. The State asserted it had another witness to-call, and the court again questioned this witness before allowing the State to do so.
A trial court may conduct probation revocation proceedings in an informal manner and it may question witnesses, but it may not assume, the role of the prosecutor. Edwards v. State, 807 So. 2d 762, 763 (Fla. 2d DCA 2002). Doing so deprives the defendant of the fair and impartial tribunal which is the cornerstone of due process. See Marshall v. Jerrico, Inc., 446 U.S. 238, 100 S.Ct. 1610, 64 L.Ed.2d 182 (1980). Such conduct amounts to fundamental error that may be raised for the first time on appeal. See Sparks v. State, 740 So. 2d 33 (Fla. 1st DCA 1999).
Accordingly, we reverse for a new revocation hearing . before • a different - trial judge.
Reversed and remanded.
NORTHCÜTT and CASANUEVA, JJ. Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Cabrera v. State, 884 So. 2d 482 (Fla. 5th DCA 2004)…o. 2d 956, 960 (Fla.1981) (”[F]or error to be so fundamental that it may be urged on appeal, though not properly presented below, the error must amount to a denial of due process.”); Ray v. State, 855 So. 2d 1260 (Fla. 4th DCA 2003); Cagle v. State, 821 So. 2d 443 (Fla. 2d DCA 2002); see also Petrucelli v. State, 855 So. 2d 150 (Fla. 2d DCA 2003). . Rule 9.140(b)(1)(C) referred to in Robinson was renumbered to rule 9.140(b)(1)(D) without change when subsection (b)(1)(B) was added by the Florida Supreme Court…
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Valentine Sears v. State, 889 So. 2d 956 (Fla. 5th DCA 2004)…ounsel was given a chance [*960] to examine him. The trial judge in the present case crossed the line of neutrality and impartiality, and as a result, Mr. Sears did not receive a fair and impartial violation of probation hearing. See Cagle v. State, 821 So. 2d 443 (Fla. 2d DCA 2002). Accordingly, we reverse and remand for a new violation of probation hearing before a different judge. REVERSED and REMANDED. SHARP, W., and TORPY, JJ., concur.…
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Anderson Padalla v. State, 895 So. 2d 1251 (Fla. 2d DCA 2005)…e same judge engaging in remarkably similar conduct.1 Rather, it argues that Padalla’s issue was unpreserved because defense counsel failed to lodge an objection to the trial court’s conduct and that the error was not fundamental. In Cagle v. State, 821 So. 2d 443 (Fla. 2d DCA 2002), in which the State conceded error on appeal, this court clearly stated: A trial court may conduct probation revocation proceedings in an informal manner and it may question witnesses, but it may not assume the role of the prosec…1 / 2
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Marshall v. Jerrico, Inc., 446 U.S. 238 (U.S. 1980)
- Sparks v. State, 740 So. 2d 33 (Fla. 1st DCA 1999)
- Darrin Vincent Edwards v. State, 807 So. 2d 762 (Fla. 2d DCA 2002)