Charles G. M'clary v. California Adult Authority, California Department of Corrections

In this habeas corpus proceeding Charles G. M’Clary, a California state prisoner, seeks release from penal custody on the ground that respondent California Adult Authority (Authority) revoked his parole in proceedings which denied him his rights under the Sixth and Fourteenth Amendments. Specifically, M’Clary urges that the Authority: (1) acted upon the basis of false and insubstantial information; and (2) denied him the right to be represented by retained counsel and to present and confront witnesses at the revocation hearing.

M’Clary was convicted of armed robbery on September 25, 1958, and was sentenced to state prison for the term prescribed by law (five years to life). The Authority paroled M’Clary on September 19, 1966. On June 21, 1968, acting upon recommendations of its Parole and Community Services Division, the Authority cancelled M’Clary’s parole and ordered him returned to state prison. The Authority further ordered that M’Clary’s term be refixed at the maximum until further order of the Authority.

On August 16, 1968, a hearing was held at which M’Clary’s parole was revoked. He had previously been notified of the charges against him, and his privately retained…