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Moody Vs. Daggett
Cites for this judgment
- US Supreme Court
- Nov 15, 1976
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U.S. 78 (1976) U.S. Supreme Court Moody v. DaggettSearch
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U.S. 78 (1976) Moody v. DaggettSearch
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custody thereunder are the operative events triggering any loss of liberty attendant upon parole revocation. Morrissey v. BrewerSearch
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s case, the Board reaffirmed its decision to allow the warrant to remain unexecuted. Relying on Morrissey v. BrewerSearch
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The Court of Appeals affirmed, relying on its earlier holding in Small v. BrittonSearch
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parole is entitled to a due process hearing promptly upon issuance of the parole violator warrant and detainer. Jones v. JohnstonSearch
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U.S.App.D.C. 151, 534 F.2d 353 (1976), cert. pending sub nom. Siler v. ByrdSearch
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Hahn v. RevisSearch
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Cleveland v. CicconeSearch
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F.2d 1082 (CA8 1975). Other Circuits have held that no due process requirements attach at this time. Reese v. U.SSearch
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Bd. of Parole, 530 F.2d 231 (CA9 1976), cert. pending sub nom. Reese v. U.SSearch
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Gaddy v. MichaelSearch
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Orr v. SaxbeSearch
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No. 74-341 (MD Pa. Nov. 27, 1974), aff'd without opinion, 517 F.2d 1399 (CA3 1975), cert. pending sub nom. Orr v. LeviSearch
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Colangelo v. U.SSearch
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Small v. BrittonSearch
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Cook v. U.SSearch
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state action carrying adverse consequences for prison inmates automatically activates a due process right. In Meachum v. FanoSearch
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of the Fifth and Fourteenth Amendments, and therefore must be preceded by due process. The Court so held in Morrissey v. BrewerSearch
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whatsoever to a prompt hearing. Precedent, tradition, and reason require rejection of that assumption. In Klopfer v. NorthSearch
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incarceration for one offense does not deprive an inmate of his right to a prompt trial on a second charge. Smith v. HooeySearch
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Strunk v. UnitedSearch
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should be made of the defendant. This point was squarely decided with respect to parole revocation in Morrissey v. BrewerSearch
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And in Pollard v. UnitedSearch
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U. S. 319 , 424 U. S. 333 , quoting Armstrong v. ManzoSearch
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In Wolff v. McDonnellSearch
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the State. The touchstone of due process is protection of the individual against arbitrary action of government, Dent v. WestSearch
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Ibid. Similarly, as the Seventh Circuit held in United States ex rel. Miller v. TwomeySearch
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parolee is comparable to that of a defendant on trial for one offense who is already imprisoned for another. Cf. Smith v. HooeySearch
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it should not be permitted to wait until the termination of the intervening sentence to act. Compare United States v. MarionSearch
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S. 307 (holding that due process places some restraints on government delay in bringing an indictment) with Barker v. WingoSearch
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U.S. Supreme Court Moody v. DaggettSearch
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Jones v. JohnstonSearch
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Siler v. ByrdSearch
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Hahn v. RevisSearch
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Reese v. U.SSearch
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Orr v. LeviSearch
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In Meachum v. FanoSearch
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In Klopfer v. NorthSearch
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Pollard v. UnitedSearch
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Dent v. WestSearch
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Miller v. TwomeySearch
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Cf. Smith v. HooeySearch
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Compare United States v. MarionSearch
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