In Re Moore

Petitioner had been sentenced to state prison on a manslaughter charge and thereafter released on parole. He was subsequently arrested on another charge. Morrissey hearings were had and his parole was revoked. Petitioner filed a petition for writ of habeas corpus which petition was granted with the order that he be released. The Attorney General filed a notice of appeal and the trial court ordered the petitioner released on bail. This court stayed that order.

This case represents a classic overkill in the application of Morrissey v. Brewer, 408 U.S. 471 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ].

Morrissey

The format our judicial system uses in the creation of legal principles—the so-called reasoned - opinion—lends itself to nitpicking. An opinion, particularly one which represents a .departure from established principles, tends to become prolix as the court attempts to vindicate or rationalize its new position. Such an opinion becomes a treasure trove of polemic minutiae embellished with mountains of friendly but sometimes redundant authorities. By a careful and restrictive selection of choice phrases, the opinion can be used as authority for, and will give aid and comfort…