Georgia Appeals Court Reverses Sentence for Mentally Ill Defendant After Superior Court Failed to Notify Counsel of Termination Hearings
'"A defendant must have notice and an opportunity to be heard on the issue of probation revocation,' and 'any hearing must comport with principles of fundamental fairness."'
August 02, 2022 at 10:22 AM
4 minute read
Criminal Law
The Court of Appeals of Georgia has reversed a superior court decision to sentence a felon and remove her from a mental health program after finding her right to due process was violated without a notice to attend a court hearing.
Treshia Vernetta Dave pleaded guilty to a felony in November 2019. She was then entered into a mental health accountability program by the Douglas County Superior Court on condition that she comply with its requirements or risk termination from it, along with a sentence of five years and two years in confinement.
Title 15, Section 1 of the Georgia Code allows for courts to "establish a mental health division to provide an alternative to the traditional judicial system" in cases with patients suffering from mental illnesses.
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