People ex rel. Menechino v. Warden
New York Court of Appeals
1Dissent
Scileppi, J. (dissenting).
I dissent and vote to affirm, for as I read the Constitution, there is no right to counsel at parole revocation hearings.
Today’s decision equates the revocation of parole with proceedings which directly curtail the freedom of an individual. It is argued that parole revocation results in a loss of liberty which is qualitatively no different than that which results when a person is found guilty of a crime or subjected to civil or administrative deprivations of liberty (see, e.g., Matter of Gault, 387 U. S. 1; Specht v. Patterson, 386 U. S. 605; Gideon v. Wainwright,…
2Cases cited26 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Goldberg v. KellySupreme Court of the United States · 1970
- In Re GAULTSupreme Court of the United States · 1967
- Mempa v. RhaySupreme Court of the United States · 1967
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