Friday, March 19, 2010
Ind. Courts - "Addressing a question of first impression at the appellate level, 7th Circuit holds that the use of video-conferencing to conduct a supervised-release revocation hearing violates FRCP"
A judge’s decision whether to send a defendant to prison requires a careful, qualitative, and individualized assessment of the offense and the offender; no matter how simple the case, this is never a mechanical or rote determination. At the end of the day, Rule 32.1(b)(2) reflects a conclusion that a judge cannot properly assess the defendant without the defendant’s in-person appearance before the court. The rule’s strictures are “mandatory in meaning as well as mandatory in form,” Escoe, 295 U.S. at 494, and the form of the hearing required by the rule excludes videoconferencing. VACATED and REMANDED.
Posted by Marcia Oddi on March 19, 2010 11:49 AM
Posted to Ind. (7th Cir.) Decisions