View Summary
Issues:
Evidence, drug testing, corrections, policy and procedure.
Case Summary:
Appellant Smith appeals a lower court's decision to revoke his probation and remand him to a correctional facility. Smith was convicted of burglary and sentenced to 20 years probation. The terms of his probation stipulated that Smith would not use illegal drugs and would comply with a random drug testing program. Smith later tested positive for marijuana in a random screening. He was arrested and state officials petitioned the court to revoke his probation.
Decision of lower jurisdiction:
The Superior Court of Dougherty County revoked Smith's probation and ordered him remanded to a corrections facility. Smith now appeals.
Outcome:
Smith loses. The Georgia Supreme Court affirmed the ruling of the lower jurisdiction. The court stated the lower court's ruling complied with existing rules concerning evidence and procedure. The court rejected Smith's assertion that the testing provisions of his probation were too broad.