Legal Opinion

Gerson Merrill Kartman v. Robert Parratt, Warden, Nebraska Penal & Correctional Complex

Court of Appeals for the Eighth Circuit

Decided May 12, 1976No. 75-1592PublishedCited by 32 opinions

1Opinion of the Court

WEBSTER, Circuit Judge.

In this appeal from an order of the District Court 1 dismissing his petition for a writ of habeas corpus, appellant Gerson Merrill Kartman contends that his probation was revoked without affording him the minimum procedural due process required by Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). Specifically, he contends: (1) that he was denied a preliminary hearing near the place of and soon after the alleged violation; (2) that he was not given adequate notice of the…

2Cases cited19 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Hyser v. ReedCourt of Appeals for the D.C. Circuit · 1963
  4. Cooper v. LockhartCourt of Appeals for the Eighth Circuit · 1973
  5. United States v. Sylvester AtkinsCourt of Appeals for the Eighth Circuit · 1973

14 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Reavis v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2006
  2. United States v. Billy Sunday TylerCourt of Appeals for the Fifth Circuit · 1979
  3. United States v. Jose GuadarramaCourt of Appeals for the Ninth Circuit · 1984
  4. Fay v. CommonwealthMassachusetts Supreme Judicial Court · 1980
  5. Free v. StateCourt of Criminal Appeals of Alabama · 1980

27 more not listed; retrieve them via the Exa API.

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