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<case id="50715" source="Oyez API" schema="simple-legal-case-xml-v1"><name>Morrissey v. Brewer</name><docketNumber>71-5103</docketNumber><term>1971</term><court><name>Burger Court (1972-1975)</name><identifier>burger4</identifier><href>https://api.oyez.org/courts/burger4</href></court><parties><firstParty role="Petitioner">Morrissey</firstParty><secondParty role="Respondent">Brewer</secondParty></parties><dates><date type="argued">1972-04-11</date><date type="decided">1972-06-29</date><date type="granted">1971-12-20</date></dates><citation><volume>408</volume><page>471</page><year>1972</year><href>https://api.oyez.org/case_citation/case_citation/14643</href><justia_url>https://supreme.justia.com/cases/federal/us/408/471/</justia_url></citation><jurisdiction>Writ of <i>certiorari</i></jurisdiction><facts><html><p>On January 4, 1967, John J. Morrissey entered a guilty plea to an information charging him with false uttering of a check. After serving part of his seven-year sentence, the Iowa Board of Parole granted Morrissey parole, and he was released from Iowa State Penitentiary on June 20, 1968. On January 24, 1969, however, Morrissey was arrested in Cedar Rapids for violating his parole. The Board of Parole entered an order revoking his parole and returning Morrissey to prison. Morrissey filed several habeas corpus actions in Iowa state courts between June 1969 and August 1969, but soon exhausted his state remedies. On September 12, 1969, Morrissey filed a habeas corpus petition in federal district court, which was denied; the court also denied his notice of appeal, considered as an application for certificate of probable cause. The United States Court of Appeals, Eighth Circuit, granted Morrissey’s application and appointed counsel to represent Morrissey on appeal.</p>
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<p>On April 29, 1968, G. Donald Booher entered a guilty plea to an information charging him with forgery. On November 14, 1968, the Board of Parole granted his parole, releasing Booher from his ten-year sentence at Iowa State Penitentiary. On August 28, 1969, Booher allegedly violated his parole, and the Board of Parole revoked his parole on September 13. Booher filed several petitions for a writ of habeas corpus in state district court between November 1969 and March 1970; the district court dismissed all of Booher’s petitions. He then filed an application for certificate of probable cause in federal district court on June 16, 1970. The district court denied his application, but the United States Court of Appeals, Eighth Circuit, granted it on appeal, appointing counsel and consolidating the claims of Morrissey and Booher. </p>
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<p>Neither Morrissey nor Booher was granted a hearing or other opportunity to question, challenge, or become aware of the facts which formed the basis of each man’s parole violation. Neither man was granted the opportunity to present evidence on his own behalf, or to confront or cross-examine those providing testimony against him. The Eighth Circuit, however, affirmed the denials of the petitions of Morrissey and Booher in a 4-3 <i>en banc</i> ruling.</p>
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</html><text>On January 4, 1967, John J. Morrissey entered a guilty plea to an information charging him with false uttering of a check. After serving part of his seven-year sentence, the Iowa Board of Parole granted Morrissey parole, and he was released from Iowa State Penitentiary on June 20, 1968. On January 24, 1969, however, Morrissey was arrested in Cedar Rapids for violating his parole. The Board of Parole entered an order revoking his parole and returning Morrissey to prison. Morrissey filed several habeas corpus actions in Iowa state courts between June 1969 and August 1969, but soon exhausted his state remedies. On September 12, 1969, Morrissey filed a habeas corpus petition in federal district court, which was denied; the court also denied his notice of appeal, considered as an application for certificate of probable cause. The United States Court of Appeals, Eighth Circuit, granted Morrissey’s application and appointed counsel to represent Morrissey on appeal.
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On April 29, 1968, G. Donald Booher entered a guilty plea to an information charging him with forgery. On November 14, 1968, the Board of Parole granted his parole, releasing Booher from his ten-year sentence at Iowa State Penitentiary. On August 28, 1969, Booher allegedly violated his parole, and the Board of Parole revoked his parole on September 13. Booher filed several petitions for a writ of habeas corpus in state district court between November 1969 and March 1970; the district court dismissed all of Booher’s petitions. He then filed an application for certificate of probable cause in federal district court on June 16, 1970. The district court denied his application, but the United States Court of Appeals, Eighth Circuit, granted it on appeal, appointing counsel and consolidating the claims of Morrissey and Booher.
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Neither Morrissey nor Booher was granted a hearing or other opportunity to question, challenge, or become aware of the facts which formed the basis of each man’s parole violation. Neither man was granted the opportunity to present evidence on his own behalf, or to confront or cross-examine those providing testimony against him. The Eighth Circuit, however, affirmed the denials of the petitions of Morrissey and Booher in a 4-3 en banc ruling.</text></facts><questions /><conclusion><html><p>Yes. In an 8-1 decision written by Chief Justice Warren Burger, the Court held that due process required Iowa to include a preliminary hearing to determine probable cause for the parole revocations of Morrissey and Booker. Chief Justice Burger described the purpose of parole in the correctional process, focusing on the notion that a parolee was entitled to his liberty so long as he substantially abided by the conditions of his parole. He determined that Morrissey and Booker were entitled to some form of due process before Iowa could revoke their paroles. Chief Justice Burger wrote that Iowa had no interest in revoking parole without some informal procedural guarantees, while acknowledging Iowa’s interest in imposing extensive restrictions on parolees and in returning violators to prison without the burden of a new trial.</p>
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<p>Chief Justice Burger wrote that due process required someone not directly involved in a parolee’s case to determine whether reasonable ground existed for revocation. He outlined the basic requirements for the official in charge of a parole revocation hearing, including notice to the parolee, disclosure of evidence, and a written determination by the officer based on the information presented at the hearing. Chief Justice Burger emphasized that parolees had a right to a final hearing prior to revocation held within two months after the parolee was taken into custody. This hearing must give a parolee an opportunity to show that he did not violate the conditions of his parole, and to show mitigating circumstances.</p>
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<p>Chief Justice Burger declined to decide whether a parolee was entitled to the assistance of counsel if he was indigent. He remanded the case for the district court to make findings on the procedures actually followed by the Board of Parole.</p>
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<p>Justice William Brennan concurred, emphasizing that a parolee was clearly allowed to retain an attorney, leaving open the question of whether counsel must be provided if a parolee was indigent.</p>
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<p>Justice William Douglas dissented in part. He argued that where only a violation of a parole condition was involved, procedural due process required that the state should not arrest a parolee. He wrote that parolees were entitled to counsel, and emphasized that a parolee was entitled to his freedom until the revocation was final.</p>
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</html><text>Yes. In an 8-1 decision written by Chief Justice Warren Burger, the Court held that due process required Iowa to include a preliminary hearing to determine probable cause for the parole revocations of Morrissey and Booker. Chief Justice Burger described the purpose of parole in the correctional process, focusing on the notion that a parolee was entitled to his liberty so long as he substantially abided by the conditions of his parole. He determined that Morrissey and Booker were entitled to some form of due process before Iowa could revoke their paroles. Chief Justice Burger wrote that Iowa had no interest in revoking parole without some informal procedural guarantees, while acknowledging Iowa’s interest in imposing extensive restrictions on parolees and in returning violators to prison without the burden of a new trial.
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Chief Justice Burger wrote that due process required someone not directly involved in a parolee’s case to determine whether reasonable ground existed for revocation. He outlined the basic requirements for the official in charge of a parole revocation hearing, including notice to the parolee, disclosure of evidence, and a written determination by the officer based on the information presented at the hearing. Chief Justice Burger emphasized that parolees had a right to a final hearing prior to revocation held within two months after the parolee was taken into custody. This hearing must give a parolee an opportunity to show that he did not violate the conditions of his parole, and to show mitigating circumstances.
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Chief Justice Burger declined to decide whether a parolee was entitled to the assistance of counsel if he was indigent. He remanded the case for the district court to make findings on the procedures actually followed by the Board of Parole.
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Justice William Brennan concurred, emphasizing that a parolee was clearly allowed to retain an attorney, leaving open the question of whether counsel must be provided if a parolee was indigent.
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Justice William Douglas dissented in part. He argued that where only a violation of a parole condition was involved, procedural due process required that the state should not arrest a parolee. He wrote that parolees were entitled to counsel, and emphasized that a parolee was entitled to his freedom until the revocation was final.</text></conclusion><advocates><advocate for="for petitioners"><name>W. Don Brittin, Jr.</name><href>https://api.oyez.org/people/w_don_brittin_jr</href></advocate><advocate for="for respondent"><name>Lawrence S. Seuferer</name><href>https://api.oyez.org/people/lawrence_s_seuferer</href></advocate></advocates><decisions><decision type="majority opinion" winning_party="Morrissey"><description /><votes majority="9" minority=""><vote opinion_type="special concurrence" vote="majority" seniority="2"><justice>William O. Douglas</justice><justice_href>https://api.oyez.org/people/william_o_douglas</justice_href></vote><vote opinion_type="none" vote="majority" seniority="4"><justice>Potter Stewart</justice><justice_href>https://api.oyez.org/people/potter_stewart</justice_href></vote><vote opinion_type="none" vote="majority" seniority="6"><justice>Thurgood Marshall</justice><justice_href>https://api.oyez.org/people/thurgood_marshall</justice_href></vote><vote opinion_type="special concurrence" vote="majority" seniority="3"><justice>William J. Brennan, Jr.</justice><justice_href>https://api.oyez.org/people/william_j_brennan_jr</justice_href></vote><vote opinion_type="none" vote="majority" seniority="5"><justice>Byron R. White</justice><justice_href>https://api.oyez.org/people/byron_r_white</justice_href></vote><vote opinion_type="majority" vote="majority" seniority="1"><justice>Warren E. Burger</justice><justice_href>https://api.oyez.org/people/warren_e_burger</justice_href></vote><vote opinion_type="none" vote="majority" seniority="7"><justice>Harry A. Blackmun</justice><justice_href>https://api.oyez.org/people/harry_a_blackmun</justice_href></vote><vote opinion_type="none" vote="majority" seniority="8"><justice>Lewis F. Powell, Jr.</justice><justice_href>https://api.oyez.org/people/lewis_f_powell_jr</justice_href></vote><vote opinion_type="none" vote="majority" seniority="9"><justice>William H. Rehnquist</justice><justice_href>https://api.oyez.org/people/william_h_rehnquist</justice_href></vote></votes></decision></decisions><source><href>https://api.oyez.org/cases/1971/71-5103</href><raw_file>D:\PyCharm Community Edition 2024.3.1.1\PythonProject\IBM Z Datathon\json_data\api.oyez.org_cases_1971_71-5103.json</raw_file></source></case> |
