Emory Newton Brown v. J. O. Kearney, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U.S. Board of Parole

Emory Newton BROWN, Appellant, v. J. O. KEARNEY, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U. S. Board of Parole, Appellees

Emory Newton Brown v. J. O. Kearney,, United States Penitentiary, Atlanta, Ga. & Richard A. Chappell, Chairman, U.S. Bd. of Parole, 355 F.2d 199 (5th Cir. 1966)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: January 28, 1966
Docket: No. 22760
Judges: Gewin, Bell, Hughes
Citations: 355 F.2d 1991966 U.S. App. LEXIS 7359

Cited by 32 2 descriptions by later courts Original from court

Opinion — Per Curiam

PER CURIAM:

This is an appeal from an order of the United States District Court denying appellant’s petition for habeas corpus. Appellant contends in his petition that the revocation of his conditional release from the United States penitentiary was based solely on evidence obtained by an illegal search and seizure.

While a parolee is entitled to constitutional protection from illegal search and seizure, it is not necessary for us to pass on this question in reaching our decision.

Parole is a matter of grace, not of right, and the revoking of parole is within the sound discretion of the Parole Board. Excluding the evidence obtained by the search and seizure, the record shows there were ample grounds upon which to base the decision of the Parole Board and there was no abuse of its discretion in revoking the parole of petitioner.

The order of the United States District Court in denying appellant’s petition for habeas corpus is therefore affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(finding a parolee is entitled to constitutional protection from illegal search and seizure)

State v. Short, 851 N.W.2d 474 (Iowa 2014)

Cited by 32 cases

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Relies on it most ⓘ

State v. Simms516 P.2d 1088 (Wash. Ct. App. 1973)
People v. Anderson536 P.2d 302 (Colo. 1975)
State ex rel. R. H.406 A.2d 1350 (Passaic Cty. Fam. Ct. 1979)
In re Martinez463 P.2d 734 (Cal. 1970)
State of Iowa v. Justin Dean Short851 N.W.2d 474 (Iowa 2014)
United States of America ex rel. Herbert Sperling v. Walter v. Fitzpatrick, Warden, West Street House of Detention426 F.2d 1161 (2d Cir. 1970)

Most recent

State of Iowa v. Justin Dean Short851 N.W.2d 474 (Iowa 2014)
Michael Stevens Owens v. Asa D. Kelley, Jr., Etc.681 F.2d 1362 (11th Cir. 1982)
United States v. Louis B. Scott678 F.2d 32 (5th Cir. 1982)
State ex rel. R. H.406 A.2d 1350 (Passaic Cty. Fam. Ct. 1979)
Gonzales v. State586 P.2d 178 (Alaska 1978)
William James Rummel v. W. J. Estelle, Jr., Director, Texas Department of Corrections568 F.2d 1193 (5th Cir. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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