State of Tennessee v. Marc Foder

Marc Foder, Defendant, appeals from the trial court’s order revoking his probation and
requiring him to serve the balance of his sentence as originally imposed. Defendant argues
that the revocation hearing failed to satisfy state and federal due process requirements
because the trial court denied his oral motion for a continuance to obtain video evidence
that he claimed was necessary for his defense. Alternatively, Defendant claims that he
received ineffective assistance of counsel at the revocation hearing. We conclude that
Defendant received the minimum due process protections required at a probation
revocation hearing and that the trial court did not abuse its discretion by revoking
Defendant’s probation. After de novo review, we affirm the consequence imposed for the
violation.