Dunn v. State (Ex parte Dunn)
Decision Date | 06 June 2014 |
Docket Number | 1121506. |
Citation | 163 So.3d 1003 |
Parties | Ex parte Chase Andrew DUNN. (In re Chase Andrew Dunn v. State of Alabama). |
Court | Alabama Supreme Court |
James M. Byrd, Mobile, for petitioner.
Luther Strange, atty. gen., and Andrew L. Brasher, deputy atty. gen., and Laura I. Cuthbert, asst. atty. gen., for respondent.
Chase Andrew Dunn petitioned this Court for certiorari review of the Court of Criminal Appeals' decision affirming the trial court's revocation of Dunn's probation. We granted the petition to determine whether the Court of Criminal Appeals' decision conflicts with Goodgain v. State, 755 So.2d 591 (Ala.Crim.App.1999). We hold that it does, and we reverse and remand.
On October 14, 2010, Dunn pleaded guilty to first-degree assault, a violation of § 13A–6–20, Ala.Code 1975, and was sentenced to 10 years' imprisonment. That sentence was split, and Dunn was ordered to serve two years' imprisonment followed by three years' probation. On March 6, 2013, Dunn's probation officer filed a delinquency report alleging that Dunn had violated the terms of his probation by (1) committing the new offense of third-degree robbery; (2) failing to pay court-ordered moneys; and (3) failing to pay supervision fees.
The trial court held a probation-revocation hearing at which the State presented testimony from two witnesses: Matthew Shirey, a detective with the Mobile Police Department, and Donna Gibbons, a DNA analyst with the Alabama Department of Forensic Sciences. Detective Shirey testified that he was assigned to investigate a burglary at Alec Olensky's residence that occurred on January 1, 2012. Two men, Robert Hager and James Weaver, were detained when Sgt. Alford1 caught them running from Olensky's residence and getting into a vehicle. Olensky's television, but not the rest of the missing property, was found in the vehicle. Detective Shirey testified that, during an interview with Sgt. Alford, Hager and Weaver implicated Dunn and Jacob Wheeler in the burglary. Detective Shirey also testified that blood was found in Olensky's residence and that Cpl. Taylor was assigned to take pictures and to collect evidence at the scene. Detective Shirey presented three photographs submitted by Cpl. Taylor that depicted a broken window and blood inside Olensky's residence.
Next, Gibbons testified for the State regarding DNA results of blood samples taken at the scene and from a pair of pants Gibbons testified were marked as “clothing that was found discarded with [the] stolen property next door from the scene.” Gibbons testified that the blood from the pants was a match for Dunn's DNA. Gibbons stated that the pants had been collected by Officer James McKinley. The trial court asked Gibbons if Dunn was also a match for the bloodstains inside the residence, and Gibbons testified that those bloodstains were from a different individual.
The court questioned Detective Shirey regarding where the pants had been found, but Detective Shirey testified that he did not know and that it was Officer McKinley who had recovered the pants. Officer McKinley did not testify at the probation-revocation hearing.
The trial court revoked Dunn's probation, stating that, based on the evidence, the trial court was “reasonably satisfied that Mr. Dunn violated the terms and conditions of his probation in that he participated in a burglary that took place on or about January 1, 2012.” Dunn appealed to the Court of Criminal Appeals, arguing that the trial court erred by relying solely on hearsay evidence in revoking his probation. The Court of Criminal Appeals affirmed the trial court's judgment in an unpublished memorandum. Dunn v. State (No. CR–12–1223, August 23, 2013), ––– So.3d –––– (Ala.Crim.App.2013) (table).
Dunn applied for a rehearing in the Court of Criminal Appeals, which that court overruled on September 13, 2013. Dunn then petitioned this Court for certiorari review, which we granted to determine whether the Court of Criminal Appeals' decision conflicts with the principle set forth in Goodgain “that hearsay evidence may not form the sole basis for revoking an individual's probation.” 755 So.2d at 592.
“ ‘This Court reviews pure questions of law in criminal cases de novo.’ ” Ex parte Morrow, 915 So.2d 539, 541 (Ala.2004) (quoting Ex parte Key, 890 So.2d 1056, 1059 (Ala.2003) ).
Dunn argues that, in concluding that the State had corroborated the hearsay evidence presented at his revocation hearing with Gibbons's testimony regarding the DNA testing she had performed, the Court of Criminal Appeals “ignore[d] and overlook[ed] the fact that the only evidence connecting the clothing to the burglary for which Dunn's probation was sought to be revoked was hearsay.” Petition, at 5. Thus, he argues, the trial court's decision was based entirely on hearsay and the Court of Criminal Appeals' affirmance of that decision conflicts with Goodgain.
In Goodgain, the defendant, William Lindsey Goodgain, appealed the revocation of his probation, arguing that it was based on hearsay evidence that he had committed a new criminal offense of robbery. The Court of Criminal Appeals noted:
The Court of Criminal Appeals stated: “ ” 755 So.2d at 592 (quoting Mitchell v. State, 462 So.2d 740, 742 (Ala.Crim.App.1984), quoting in turn Armstrong v. State, 294 Ala. 100, 103, 312 So.2d 620, 623 (1975) ). However, the Court of Criminal Appeals also stated: 755 So.2d at 592 (quoting Clayton v. State, 669 So.2d 220, 222 (Ala.Crim.App.1995) ).
The Court of Criminal Appeals in Goodgain determined that “the only evidence that Goodgain violated his probation by committing another crime was Detective Johnson's hearsay testimony...
To continue reading
Request your trial-
Walker v. State
... ... " Smiley v. State , 52 So. 3d 565, 568 (Ala. 2010) (quoting Ex parte Abrams , 3 So. 3d 819, 823 (Ala. 2008) ). " Absent a clear abuse of discretion, a reviewing court ... State , 48 So. 3d 665, 667-68 (Ala. 2010). Recently, in Ex parte Dunn , 163 So. 3d 1003 (Ala. 2014), the Supreme Court refined this standard, explaining that, when the ... ...
-
Knight v. State
...the circuit court exceeded the scope of its discretion." Sams v. State, 48 So. 3d 665, 667-68 (Ala. 2010). "Recently, in Ex parte Dunn, 163 So. 3d 1003 (Ala. 2014), the Supreme Court refined this standard, explaining that, when the State presents a mixture of hearsay and nonhearsay evidence......
-
English v. State
...appeal, English argues that the circuit court erred by revoking his probation based solely on hearsay evidence pursuant to Ex parte Dunn, 163 So.3d 1003 (Ala.2014). English argues that “there is no evidence to corroborate the hearsay testimony of Assistant Chief Davis, which is the only evi......
-
Nguyen v. State
...App. 1999).Recently, this Court, relying on the Alabama Supreme Court's decisions in Sams v. State, 48 So. 3d 665 (Ala. 2010) and Ex parte Dunn, 163 So. 3d 1003) (Ala. 2014), explained what our caselaw means when it says that hearsay evidence may not form the sole basis for revoking someone......