In Re Carroll

By his petition for habeas corpus petitioner seeks review of proceedings in which his parole was revoked and he was ordered returned to prison. He claims he was not afforded a revocation hearing that comported with due process of law because he was denied the right to confront and cross-examine adverse witnesses. We conclude that his revocation hearing comported with due process of law and that the order revoking his parole was sustained by sufficient evidence. The failure to produce the victim of the petitioner’s alleged illegal entry and assault, so that petitioner could confront and cross-examine her, was excused because her disappearance furnished good cause and her prior statements were adequately corroborated. The failure to produce a second witness occasioned no denial of due process or prejudicial error because it is questionable whether he was adverse to the petitioner, as distinguished from the latter’s companion, because he was not expressly requested as a witness for petitioner, and because there is a failure to show any prejudice from his absence or from the use of his statement. The failure to produce a third witness, who was in no sense an adverse witness…