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Glennv.The State

CourtSupreme Court of Georgia
Docket No.S19G1236
DecidedOctober 5, 2020
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureEvidenceStatutory InterpretationCertiorariDue ProcessAppellate Procedure
Case Summary

Christopher Glenn challenged the revocation of his probation based on the finding that he damaged a police-car door while detained inside the vehicle. The Georgia Supreme Court granted certiorari to clarify the proof required for probation revocation. The court held that revocation based on an alleged felony requires the State to prove the violation by a preponderance of the evidence, not by the lesser standard that only slight evidence is required. The Court of Appeals had misstated the standard, but the Supreme Court reviewed the record under the correct standard and upheld the revocation. The decision corrected the governing legal rule while affirming the result in Glenn’s case.

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