State v. Kibbe, 2017 ME 231

Summary

The Maine Supreme Judicial Court vacated an order revoking Cory D. Kibbe’s probation. The court held that the State failed to prove by a preponderance of the evidence that Kibbe was still on probation when the alleged violations occurred.

Holdings

1. The State failed to meet its burden of proving by a preponderance of the evidence that Kibbe was still on probation on the dates of the alleged violations.
2. The matter could not be remanded for a new revocation hearing because the State's failure to meet its evidentiary burden did not justify a second attempt to prove the facts.

Questions Presented

1. Whether the State presented sufficient evidence to prove by a preponderance of the evidence that Kibbe was still on probation when the alleged violations occurred.
2. Whether the court could sustain the probation revocation when the State's evidence did not establish the relevant probation and tolling dates.

Disposition

vacated