Belton v. Vitek

The issue raised by the plaintiff in his petition for a writ of habeas corpus is whether his return to State prison as a parole violator following a district court finding of probable cause that he had committed a felony satisfied the Morrissey v. Brewer procedural due process requirement of a preliminary finding of probable cause that he had violated a condition of his parole when he committed the felony.

The plaintiff, a parolee, was brought before the Manchester District Court for a probable cause hearing on a charge of grand larceny. The State parole officer had been notified of the…