S-18-0111 State v. Donald R. Thalmann (Appellant)
Lancaster County District Court, Judge John A. Colborn
Attorneys: Nathan A. Liss (Attorney General’s Office) --- Matthew Meyerle (Public Defender’s Office) (Appellant)
Criminal: Custodial Sanction; Mootness
Proceedings below: Following a hearing, the trial court found Appellant violated the terms of his probation and imposed a 15 day custodial sanction.
Issues: Whether 1) the district court abused its discretion in considering Exhibits 2, 7, 8, and 9 at the hearing on request for custodial sanction, because receipt of those exhibits denied Appellant his rights to due process and to controvert the evidence against him; and 2) there was insufficient evidence to find that Appellant violated the terms of his probation by a preponderance of the evidence.