People ex rel. Baker v. Follette
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 30, 1969, which dismissed the writ. Judgment affirmed, without costs. We prefer to abide by the majority view in People ex rel. Smith v. Deegan (32 A D 2d 940). There is no constitutional mandate for either assistance of counsel or an adversary hearing in parole revocation procedures. Even under the Federal process, where a special rule of the Board of Parole of the United States permits representation by counsel at a revocation hearing, the constitutional due process clause has…
2Cases cited8 opinions
- Hyser v. ReedCourt of Appeals for the D.C. Circuit · 1963
- Kwock Jan Fat v. WhiteSupreme Court of the United States · 1920
- Matter of Hines v. State Board of ParoleNew York Court of Appeals · 1944
- Ray Earnest v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1969
- People ex rel. Ingenito v. Warden & Agent of Auburn PrisonAppellate Division of the Supreme Court of the State of New York · 1943
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3Cited by1 opinion
- Fryar v. TravisAppellate Division of the Supreme Court of the State of New York · 2004