State v. Wade

Summary

The court held that the defendant did not abandon his request for a due process balancing of his confrontation interest before admission of an unavailable witness's identification at the probation revocation hearing. Because the trial court admitted and relied on the identification without conducting that balancing, the judgment was reversed in part and the matter was remanded for a new hearing limited to the alleged home-invasion violation. The findings concerning the defendant's failure to undergo substance-abuse evaluations and counseling and his unauthorized departure from the state remain undisturbed.