Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his probation-revocation hearing by pleading true to an allegation that he violated a condition of his probation

QUESTION PRESENTED Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his hearing by pleading true to an allegation that he violated a condition of his probation. No. In the Supreme Court of the United States October Term, 2018 BENNY RAY REGALADO, PETITIONER, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Benny Ray Regalado asks that a writ of certiorari issue to review the opinion and judgment of the U.S. Court of Appeals for the Fifth Circuit in this case. The Fifth Circuit held that, except for the right to present mitigating evidence, a defendant waives his due process rights, including his right to a neutral and detached hearing body, and any appellate challenge based on those rights, when he pleads true to an alleged supervision violation. This holding is in tension with Supreme Court precedent and principles regarding the “jealously guarded” due process requirement of neutrality. The requirement is no less necessary in a probationrevocation hearing, where the judicial officer needs to determine whether the violation warrants revocation and what sentence to impose or other steps to take. This due process issue affects the estimated 4.5 million individuals serving probation and parole terms and potentially facing allegations of violations.