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Dearman v. State
Alabama Court of Criminal Appeals
April 12, 2019
H. Chase Dearman
v.
State of Alabama
Appeal
from Mobile Circuit Court (CC-17-5331.70)
KELLUM, JUDGE.
H.
Chase Dearman appeals the circuit court's order finding
him in direct contempt, as defined by Rule 33.1(b)(1), Ala.
R. Crim. P.
The
record indicates that Dearman represented a defendant at a
probation-revocation hearing over which Judge James T.
Patterson presided. At the probation-revocation hearing, the
State called the defendant's probation officer to testify
regarding the allegation that the defendant violated the
terms and conditions of his probation by committing a new
criminal offense, namely, possession of a controlled
substance. During the probation officer's testimony, the
following occurred:
"[A]: Prior to -- once I got out of the vehicle, I made
contact with [the defendant] who was walking down the street.
I asked where he was going. He kind of told me.
"I said, let's go to your home. He took me back to
this address, the --- Sullivan Avenue.
"Before entering the home, I confirmed with him that
that was his home.
"....
"... During the search, I ended up locating in the
kitchen drawer, what was later determined to be a controlled
substance.
"Q. Specifically, what was it? "
A. AK-47 Herbal Incense.
"Q. Would that be on the streets known as --
"MR. DEARMAN: I object. This officer has no training in
narcotics whatsoever. This is not a regular drug and
regularly identifiable.
"And in addition to that, the District Court found no
probable cause on this case, the facts of which the Court is
now hearing.
"THE COURT: All right.
"MR. DEARMAN: We've had a preliminary hearing.
"THE COURT: 'Alabama Rules of Evidence, Article 11,
Miscellaneous Rules, Rule 1101, rules inapplicable. These
rules, other than those with respect to privileges, do not
apply in the following situations: Preliminary questions of
fact, grand jury, miscellaneous proceedings including
proceedings for extradition or rendition, preliminary hearing
in criminal cases, sentencings, granting and revoking
probation.'
"MR. DEARMAN: Judge, in District Court --
"THE COURT: No. They don't apply.
"MR. DEARMAN: May I finish my objection?
"THE COURT: No, you may not. There's no objection
here. They don't apply. The rules of evidence ...