Franklin v. Shields

In drawing heavily upon Wolff and Mor-rissey to reach the conclusion that the minimum requirements of procedural due process apply to parole release proceedings, Judge Butzner’s opinion unquestionably accords with the majority of the courts which have had occasion to consider this question.1 Whether the prescience of these decisions will ultimately prove to be valid is problematical for, as Judge Friendly has noted, “[t]he past observations of the Court have pointed in both directions.”2 However, despite the fact that the Court has not yet spoken definitively on the question, I am not…