Hinton v. Parole Board

In this appeal as of right we are asked to decide when a parolee is "available for return to a state penal institution under accusation of a violation of parole” within the meaning of MCL 791.240a(1); MSA 28.2310(1)(1), as amended by 1982 PA 314, § 1. Further, we must determine whether such an issue can properly be raised in a habeas corpus proceeding.

On July 13, 1984, plaintiff, Henry Hinton, was arrested and charged with felonious assault and malicious destruction of property, MCL 750.82; MSA 28.277, and MCL 750.377a; MSA 28.609(1). Allegedly, Hinton and his two brothers assaulted a patron…