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Gagnon v. Scarpelli

United States Supreme Court
411 U.S. 778 (1973)

Written by Sean Carroll, JD

Facts

Scarpelli (defendant) was convicted of armed robbery. His sentence was suspended and he was placed on probation. While on probation, he was arrested during the course of a burglary. His probation was revoked without a hearing. He appealed, arguing among other things that his due process right was violated because he was not afforded his right to counsel during his revocation process.

Rule of Law

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Issue

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Holding and Reasoning (Powell, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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