Legal Opinion
People ex rel. Warren v. Mancusi
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 1973PublishedCited by 16 opinions
1Opinion of the CourtCardamone, J.
This appeal presents two questions for our determination: the first is whether habeas corpus may properly be used to challenge revocation of parole; the second is whether the burden of proof respecting the alleged violations of the conditions of parole at the parole revocation hearing should be properly imposed on the Parole Board or on the parolee.
The facts are simple and undisputed. Relator, David Miles Warren, was sentenced on July 11, 1966 to a term of three and one-half to seven years by the Erie County Court upon his guilty plea to burglary in the third degree. On March 18,1970 relator…
2Cases cited4 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Mempa v. RhaySupreme Court of the United States · 1967
- Arciniega v. FreemanSupreme Court of the United States · 1971
3Cited by16 opinions
- People ex rel. Dowdy v. SmithNew York Court of Appeals · 1979
- People ex rel. Newcomb v. MetzAppellate Division of the Supreme Court of the State of New York · 1978
- People ex rel. Walker v. HammockAppellate Division of the Supreme Court of the State of New York · 1981
- People ex rel. Walker v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1983
- People ex rel. Saafir v. MantelloAppellate Division of the Supreme Court of the State of New York · 1990
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