Whalen v. Gladden

In March 1946, Whalen was sentenced to the penitentiary for a maximum of 20 years. He served six- and-a-half years when he was released on parole. He was on parole for 11 years when the parole board revoked his parole for violation of the restriction on the use of intoxicating liquor. He must now, by the statute, OES 144.390, serve the remainder of his term of 13 years.

In this habeas corpus proceeding Whalen challenges the parole board’s conduct as an abuse of due process, for the failure to allow him a hearing before the order of revocation was entered. He also claims that the resulting…