In Re Fain

Opinion

RATTIGAN, J.

The Adult Authority and Raymond K. Procunier, its Chairman, appeal from an order which directs the issuance of a writ of habeas corpus and has the effect of ordering the immediate release of respondent William Archie Fain on parole from state prison. The order was made upon the trial court’s determination that “final” administrative action taken by the Adult Authority, granting Fain a parole and setting a date for his actual release, could not be rescinded by the authority prior to his release. We have concluded that the court erred in this determination; we reverse the…