ROBERT WARNER, Plaintiff-Appellee, v. ORANGE COUNTY DEPARTMENT OF PROBATION, Defendant-Appellant., 115 F.3d 1068

Summary

Appellant probation department sought review of the lower court's finding that it infringed upon the constitutional rights of appellee, a criminal defendant on probation, when it recommended that appellee attend Alcoholics Anonymous (AA) meetings despite their religious content. The lower court made no findings as to whether appellee, by failing to object at the time of his sentence or to appeal his sentence, had consented, waived, or forfeited his U.S. Const. amend. I objection to the religious content of the AA meetings. The appellate court remanded the cause for determination of that question and for determination of whether appellee's presentence attendance at several AA meetings gave him sufficient awareness of the content of the meetings so that his failure to object should be construed as a consent or waiver.