Arthur Pierre v. Washington State Board of Prison Terms and Paroles

Good Law
699 F.2d 471·1983 U.S. App. LEXIS 30524
United States Court of Appeals for the Ninth CircuitFebruary 15, 198381-3618California1,414 words

Opinion

Opinion

Kilkenny, J.

Appellant appeals from an order of the district court denying his petition for writ of habeas corpus. We affirm.

FACTS

Appellant was convicted on two counts of robbery in 1974, sentenced to twenty years imprisonment, and was paroled in February, 1979. On June 10, 1979, he allegedly participated in a robbery. His parole was suspended on July 23, 1979. On August 1, 1979, an informal administrative review was conducted in his absence by the Washington State Board of Prison Terms and Paroles (Parole Board) to determine whether probable cause existed to believe he had violated the terms of his parole. Upon finding probable cause, the Parole Board scheduled a formal on-site parole revocation hearing for August 13, 1979. At this hearing, appellant was represented by counsel, and was given an opportunity to present evidence, confront witnesses, and provide any mitigating factors favorable to his case. The Parole Board determined that appellant had violated his parole and revoked it. After returning to prison, he was given a new minimum term of 108 months.

ISSUES

Appellant contends that his due process rights were violated in the determination of his minimum term. Additionally, while…

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