[DOWNLOAD] "Kenner v. Martin" by Sixth Circuit. United States Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Kenner v. Martin
- Author : Sixth Circuit. United States Court Of Appeals
- Release Date : January 12, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Clyde Owens Kenner appeals from the District Court's denial of his petition for a writ of habeas corpus. Kenner was convicted of state charges in Kentucky, and was released on parole on April 19, 1977. While on parole, he was convicted of federal charges in the United States District Court for the Eastern District of Kentucky, and incarcerated at Ashland Federal Correctional Institution. On June 15, 1978, the Parole Board of the Commonwealth of Kentucky issued a parole violator's warrant for Kenner, based on his conviction of the federal offenses. Kenner was informed about the warrant in July of 1979. Kenner claims that the failure of the federal authorities to notify him of the warrant and to provide a revocation hearing within a reasonable time denied him due process of law. The essence of appellant's claim is that the existence of the warrant impairs his eligibility for reassignment and for rehabilitative programs. The question of whether a prompt revocation hearing is constitutionally required on these facts was expressly left open by the Supreme Court in Moody v. Daggett, 429 U.S. 78, 97 S. Ct. 274, 50 L. Ed. 2d 236 (1976). In that case the Supreme Court held that a federal parolee has no right to a prompt revocation hearing on a parole violator warrant based upon an intervening conviction and imprisonment by federal authorities. The Court concluded that a prisoner has no right to a hearing prior to the execution of the warrant.