Ketwig v. Ward

OPINION OF THE COURT

James B. Kane, J.

Upon a review of the relevant law and the materials sub*104mitted and after hearing the oral arguments of counsel on behalf of their clients this court makes the following determination:

That respondents’ decision of September 14, 1977 to remove petitioner from the temporary release program should be annulled.

The United States Supreme Court in Morrissey v Brewer (408 US 471, 481) has stated that constitutional due process protection does not turn upon whether a governmental benefit is characterized as a right or a privilege.

The basic way for petitioner to…