In Re Edge

The People of the State of California have appealed from an order of the superior court which vacated an order of the Adult Authority revoking Leslie Wayne Edge’s parole and ordering the Adult Authority to grant Edge a revocation hearing in conformity with the requirements of Morrissey v. Brewer (1972) 408 U.S. 471 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ].

Morrissey v. Brewer, supra, 408 U.S. 471 , was decided on June 29, 1972. That case delineates the minimum guidelines that must be followed in parole revocation proceedings under the due process clause of the Fourteenth Amendment.

The questions for decision are: (1) Whether the requirements of Morrissey apply to a parole revocation proceeding wherein the institutional parole revocation hearing was held after June 29, 1972, though the parole violation charge, the notice of complaint, the arrest, and other steps in the parole revocation process took place prior to June 29, 1972. (2) Assuming that Morrissey does apply, to what extent are the requirements of Morrissey satisfied by separate criminal proceedings resulting in the conviction of the parolee of offenses which form the basis of the revocation of parole.

Edge was…