In re Morales

In 1965, petitioner was sentenced to state prison on a forgery charge. In 1970, he was released on parole. Sometime thereafter, he left California without permission. On March 24, 1973, he was arrested in Arizona as a parole violator. No new crime was alleged. He waived extradition and was returned to state prison on April 13, 1973. Five months later on September 11,1973, not having Received a revocation hearing, petitioner filed a petition for a writ of habeas corpus. A month later on October 12,1973, a revocation hearing was held in which petitioner admitted leaving the state and failing to. report to his parole officer. He had previously requested two witnesses to appear in his behalf at the revocation hearing but these witnesses were unable to remain in California. However, the Adult Authority panel which conducted the parole revocation proceeding stipulated that these witnesses would have testified to petitioner’s good character. Petitioner’s parole was revoked.

On December 7, 1973, a hearing was held on the petitioner’s petition for a writ of habeas corpus. The court ordered the petitioner released and reinstated on parole. The court also ordered that the Adult…