David Anthony Dennis, Sr. v. California Adult Authority, the Department of Corrections

Appellant seeks release from state custody through habeas corpus. Convicted of robbery, he was later placed on parole. Parole was then revoked. As grounds for his release, appellant contends that the proceedings resulting in revocation of parole were lacking in due process.

At the outset we must reject appellant’s principal contentions that due process requires as an absolute that he be provided with legal counsel and the opportunity to confront adverse witnesses. The law of this circuit has been settled to the contrary. Ellhamer v. Wilson, 445 F.2d 856 (9th Cir. 1971); High Pine v. Montana, 439 F.2d 1093 (9th Cir. 1971); Lincoln v. California Adult Auth., 435 F.2d 133 (9th Cir. 1970); Mead v. California Adult Auth., 415 F.2d 767 (9th Cir. 1969); Dunn v. California Dep’t of Corrections, 401 F.2d 340 (9th Cir. 1968); Williams v. Dunbar, 377 F.2d 505 (9th Cir.), cert. denied, 389 U.S. 866 , 88 S.Ct. 131 , 19 L.Ed.2d 137 (1967).

This court, thus, has taken the position that alternatives adequate in point of fairness may well exist ün routine cases, both as to a parolee’s right to be represented by his own legal counsel and as to his right to confront adverse witnesses, and that it…