Legal Opinion · Dissent

Robert J. Scarpa v. U. S. Board of Parole, Walter Dunbar, Chairman

Court of Appeals for the Fifth Circuit

Decided June 28, 1972No. 71-1602Published

ON PETITION FOR REHEARING

1DissentGewin, Circuit Judge

With respectful regard for the views expressed by the majority I am unable to agree with the opinion, and therefore dissent. By equating “some elements of due process” which are required in the revocation of parole with proceedings by the Parole Board to determine whether parole should be granted to an incarcerated prisoner, the opinion opens a vast new area of federal litigation. This case illustrates the truth of the statement of Mr. Justice Douglas “that any principle once announced may in time gain a momentum not warranted by the exigencies of its creation.” H. K. Porter Co. v. N. L. R.…

2Cases cited17 opinions

  1. H. K. Porter Co. v. National Labor Relations BoardSupreme Court of the United States · 1970
  2. John Mack Smith v. United StatesCourt of Appeals for the D.C. Circuit · 1963
  3. Eugene R. Frazier v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  4. Harold Martin Brest v. Dr. P. J. Ciccone, Director, Medical Center for Federal Prisoners, Spring-Field, MissouriCourt of Appeals for the Eighth Circuit · 1967
  5. Sam Lathem v. United StatesCourt of Appeals for the Fifth Circuit · 1958

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