State of Tennessee v. Tommy Lynn Hollingsworth - Dissent

I respectfully dissent from the majority’s conclusion that the Defendant’s right to a speedy trial in probation revocation proceedings attached on December 26, 2024, which is when the July 8, 2002 violation of probation warrant was served and the Defendant was arrested. In Allen, the Tennessee Supreme Court held that “a probation revocation proceeding is a continuation of the criminal prosecution, and as such, the defendant . . . has a constitutional right to a speedy trial on ‘the offense of violation of the terms of probation.’” Allen v. State, 505 S.W.2d 715, 719 (Tenn. 1974). The Allen court then concluded that the “two year, eight month delay” between the issuance of the probation violation warrant and the revocation hearing violated the defendant’s right to a trial. Id. at 716-19.