Michael Tornavacca v. State of Arkansas — Brown, J., Dissenting

Summary

The dissent would conclude that Tornavacca was denied minimum procedural due process when he was terminated from drug court and immediately incarcerated without prior notice, an opportunity to present evidence, or a hearing at which he could contest the alleged violations. It rejects the view that a later Rule 37 hearing cured or substituted for the required termination hearing. Justice Danielson, concurring, agreed that drug-court participants retain minimum due-process rights but would affirm because Tornavacca received notice and an opportunity to explain the violations before termination.