Legal Opinion · Dissent

Ronald Marcus Gholston v. Ron Jones, Warden, and the Attorney General of the State of Alabama

Court of Appeals for the Eleventh Circuit

Decided July 7, 1988No. 86-7575Published

1DissentEdmondson, Circuit Judge

Petitioner, a convicted murderer, has failed to convince me that Alabama — in revoking petitioner’s parole — violated the federal constitution so as to justify a federal court’s interference.1

Today’s opinion stresses that the record is silent2 about much that occurred at the state hearing on the revocation of petitioner’s parole. I regard that silence as no basis for habeas corpus relief and decline to give petitioner any benefit of assumptions based on silence. To warrant habeas relief, petitioner must show that the state violated his federal rights;3 it is not (and ought not to be) enough…

2Cases cited16 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Darr v. BurfordSupreme Court of the United States · 1950
  4. United States Ex Rel. Darcy v. HandySupreme Court of the United States · 1956
  5. Jacob Egerstaffer, Cross-Appellant v. Thomas Israel, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1984

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