Jesse Lee Griffin v. California Adult Authority, L. S. Nelson, Warden

Appellant, a state prisoner, filed a petition for habeas corpus in the court below alleging that in suspending and then revoking his parole on a charge of attempted rape, the California Adult Authority violated his constitutional rights by denying him assistance of counsel and an opportunity to face his accuser.

The district court denied the petition without issuing an order to show cause or permitting amendment of the petition, on the ground that appellant’s claims were barred by prior decisions of this court.

Subsequent to the district court’s ruling, we pointed out that the contention rejected in our earlier holdings was only that “due process requires as an absolute that [the parolee] be provided with legal counsel and the opportunity to confront adverse witnesses.” Dennis v. California Adult Authority, 456 F.2d 1240, 1241 (9th Cir. 1972) (emphasis added).

Thus, the law of this circuit is that assistance of counsel and an opportunity to confront adverse witnesses is not constitutionally required at every parole revocation hearing. These safeguards were not invariably essential because “alternatives adequate in point of fairness may well exist in routine cases.” Id.…