Supreme Court of Alabama
Ex Parte State of Alabama. (in Re Carless Ledon Wagner v. State of Alabama)
September 25, 20152015 Ala. LEXIS 117
Summary
The court held that Wagner's probation-revocation hearing substantially complied with the requirements governing admissions by a probationer. Although the trial court did not advise Wagner that statements could be used in a later criminal proceeding, the omission was harmless because the admitted violations were not criminal offenses for which he could be tried. The court therefore reversed the Court of Criminal Appeals and remanded for further proceedings. Justice Murdock, dissenting, would have affirmed because the trial court addressed Wagner's counsel rather than Wagner personally and failed to establish the required understanding and waiver directly with Wagner.