Loomis v. Killeen

LANSING, Judge.

Michael J. Loomis brought this habeas corpus action, alleging that he was being held unlawfully following his arrest for an alleged parole violation. A magistrate dismissed Loomis’s petition, and the dismissal was affirmed by the district court. We conclude that Loomis’s right to due process was violat*609ed when the Idaho Commission of Pardons and Parole delayed giving Loomis notice of the parole violation that was alleged to have occurred and failed to conduct a timely probable cause hearing on that allegation. However, because these constitutional violations do not presently…