Russell v. Douthitt

Dissenting Opinion

DeBruler, J.

I dissent from the majority because the policy of the parole board which prevents a citizen from being represented by his counsel at a parole revocation hearing violates that citizen’s rights to due process of law guaranteed to him by both the Federal and State Constitutions.

Recently the United States Supreme Court in Morrissey v. Brewer (1972), 92 S. Ct. 2593, 33 L. Ed. 2d 484, held that parole revocation hearings are the type of proceedings by which the individual may be condemned to suffer grievous loss and furthermore that the type of loss suffered is one…