Jeffrey Murray v. Rhode Island
Whether a summons must issue prior to the issuance of a bench warrant, to effect the arrest of a suspected technical probation violator?
Whether a summons and a bench warrant must be issued "upon probable cause, supported by Oath or affirmation, as required by the Fourth Amendment, to arrest a suspected probation violator?
Whether the Fourth Amendment requires a judicial determination of probable cause by a neutral and detached magistrate, via preliminary hearing, as following arrest of a suspected probation violator?
Whether a subsequent failure by the prosecution to proceed with the offense via an acquittal, or no true bill, or no information, or dismissal requires a prior finding of probation violation, from which it is based, to be vacated?
Whether preemption of formal prosecution or decision undermines the function of the criminal trial process as the intended forum for ultimate determination?
Whether the Rhode Island Supreme Court erred in its decision to find a violation of the terms and conditions of Plaintiff's probation?
Whether the Rhode Island Supreme Court erred when it failed to apply a new rule of criminal procedure to a probation revocation case pending on direct review and one of which that constitute serious and unjust hardship in that said rule increased the standard of proof necessary to find a defendant in violation of the terms and conditions of his or her probation?
Whether it was a violation of the Sixth Amendment's Confrontation Clause to deny the probation officer, and impermissible hearsay to truth of the matter asserted therein?
Whether a summons must issue prior to the issuance of a bench warrant