In Re Castaneda

Opinion

JANES, J.

Petitioner is confined at Folsom state prison following re-imprisonment on a charged parole violation. He seeks a writ of habeas corpus, contending that the Adult Authority has denied him the preliminary hearing required by Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593].

The Morrissey Case

In Morrissey the court held that, under the due process clause of the Fourteenth Amendment, a parolee is entitled to two separate hearings during “the typical process of parole revocation.” The first hearing is “in the nature of a ‘preliminary hearing’ ” conducted “at…