Gagnon Vs Scarpelli Case Study

Gerald Scarpelli was the defendant in the case of Gagnon v. Scarpelli. A felon who was out of jail on probation prior to his arrest for burglary. Due to Scarpelli’s arrest for burglary, he admitted to the crime and his probation was revoked by the Wisconsin Department of Corrections for violation of his probation conditions. A habeas corpus was filed two years later by Gerald Scarpelli with the District Court, because he sat in jail without a revocation hearing nor right to an attorney, denying him due process. The District Court held that Scarpelli’s Constitutional right of due process was indeed violated, however, an appeal was filed by the warden, John Gagnon, of the Wisconsin Department of Corrections, but Courts of Appeals affirmed Scarpelli’s …show more content…
(2017). Gagnon v. Scarpelli. Retrieved from https://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-kamisar/the-right-to-counsel-by-far-the-most-pervasive-right-of-the-accused-equality-and-the-adversary-system/gagnon-v-scarpelli/

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