State v. Callahan

Appellant pled guilty to kidnapping and third-degree sexual offense. Defendant was sentenced to terms of imprisonment. Defendant also signed an order of probation, in which he agreed to the condition of obeying the probation agent’s lawful instructions. When Defendant was released under mandatory supervision, he agreed to comply “as directed” by his parole/probation agent with a sexual offender management program, which “may include…polygraph testing[.]” Defendant’s probation agent instructed Defendant to report for a polygraph examination, but Defendant did not report for the polygraph examination. The circuit court subsequently determined that Defendant violated the order of probation. The Court of Special Appeals reversed, holding that the probation agent’s instruction to report for a polygraph examination created a more onerous condition of probation that was outside the ambit of the conditions laid down by the sentencing court in violation of the separation of powers doctrine. The Court of Appeals reversed, holding that a probation agent’s instruction to comply with a condition of mandatory supervision is consistent with the separation of powers doctrine. View "State v. Callahan" on Justia Law