Byron Milton Wilburn v. Warden L. S. Nelson

Petitioner, a California prisoner, applied for a writ of habeas corpus on the ground that he was denied due process by the failure of the California Adult Authority to provide him with assistance of counsel at his parole revocation hearing. The district court granted the writ 323 F.Supp. 585. The Warden appealed.

It is the position of this court that as a general rule assistance of counsel is not an essential element of due process in such a proceeding because “alternatives adequate in point of fairness may well exist in routine cases.” The ultimate test in each case is “whether the procedures…