In Re Miller

In this case, the Board of Parole Hearings (Board), in revoking parole, relied on unsworn hearsay statements without determining either the unavailability of the declarant or the reliability of the hearsay evidence. The Board also did not determine whether good cause existed to admit the hearsay by weighing factors favoring admitting the hearsay statements against petitioner’s right of confrontation. We conclude the Board was not entitled to rely on the hearsay evidence in revoking parole and we remand for a new hearing.

FACTUAL BACKGROUND

A. Evidence Regarding the Alleged Offense.

Petitioner David Miller was found guilty of second degree burglary and defrauding an innkeeper and sentenced to 16 months in prison. Shortly after his release on parole, petitioner was charged with various parole violations, including forced oral copulation and sexual battery. Although no criminal charges for these offenses were filed, after a parole revocation hearing on February 14, 2006, a Board of Parole Hearings deputy commissioner (Commissioner) revoked petitioner’s parole, returning him to prison for 12 months.

At the revocation hearing two witnesses, Detective Eddinger and Officer…