U.S. Appeals Court: PAROLE.Maddox v. Elzie. 238 F.3d 437 (D.C.Cir. 2001). After his parole was revoked and he was reincarcerated, a prisoner sought a writ of habeas corpus Noun 1. writ of habeas corpus - a writ ordering a prisoner to be brought before a judge habeas corpus judicial writ, writ - (law) a legal document issued by a court or judicial officer challenging the parole boards decision. The district court granted the petition in part and the parole board appealed. The appeals court reversed, finding that the parole boards ex parte [Latin, On one side only.] Done by, for, or on the application of one party alone. An ex parte judicial proceeding is conducted for the benefit of only one party. meeting with a trial prosecutor did not deprive the prisoner of due process and did not give rise to a presumption of vindictiveness on the part of the prosecutor. The court noted that the meeting with the prosecutor was inappropriate, but that the prisoner had not been deprived of due process in that he had the opportunity to present his full case to the board, was represented by counsel at the revocation The recall of some power or authority that has been granted. Revocation by the act of a party is intentional and voluntary, such as when a person cancels a Power of Attorney that he has given or a will that he has written. hearing, and the board had sufficient evidence to justify revocation. (District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States). Board of Parole) |
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