Eugene McCowan v. Louis S. Nelson, Warden

Petitioner, a California prisoner, filed a petition for habeas corpus in federal district court after being denied relief by courts of the state. The district court issued an order to show cause, the state filed a response, petitioner a traverse. The district court dismissed the proceeding on the pleadings and petitioner appealed.

The pleadings disclosed the following uncontradicted facts.

Petitioner was convicted of second-degree burglary in December 1961. In October 1963 the California Adult Authority fixed his term at four and one-half years, two and one-half in prison and two on parole. Petitioner was paroled on June 12, 1964, with a tentative discharge date of June 12, 1966. The California Adult Authority authorized petitioner to reside in Arizona, and transferred supervision of his parole to Arizona authorities pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision, Calif. Penal Code §§ 11175-11179. On May 27, 1965, the California Adult Authority suspended petitioner’s parole and ordered him returned to prison on the basis of a report from Arizona authorities that he had violated the conditions of his parole. On May 5, 1966, the California Adult…