Legal Opinion
In Re Miller
California Court of Appeal
Decided December 19, 2006No. A114585PublishedCited by 12 opinions
1Opinion of the Court
Opinion
PARRILLI, J.
In this case, the Board of Parole Hearings (Board), in revoking parole, relied on unsworn hearsay statements without determining either the unavailability of the declarant or the reliability of the hearsay evidence. The Board also did not determine whether good cause existed to admit the hearsay by weighing factors favoring admitting the hearsay statements against petitioner’s right of confrontation. We conclude the Board was not entitled to rely on the hearsay evidence in revoking parole and we remand for a new hearing.
FACTUAL BACKGROUND
A. Evidence Regarding the Alleged…
2Cases cited10 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- United States v. ComitoCourt of Appeals for the Ninth Circuit · 1999
- People v. ArreolaCalifornia Supreme Court · 1994
- In Re La CroixCalifornia Supreme Court · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. GuilfordCalifornia Court of Appeal · 2014
- People v. ShepherdCalifornia Court of Appeal · 2007
- People v. StanphillCalifornia Court of Appeal · 2009
- People v. QuartermanCalifornia Court of Appeal · 2012
- People v. AbramsCalifornia Court of Appeal · 2007
7 more not listed; retrieve them via the Exa API.