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William E. Allard, and v. Louis S. Nelson, Warden, Etc., And

William E. ALLARD, Petitioner and Appellant, v. Louis S. NELSON, Warden, Etc., Respondent and Appellee

Allard v. Louis S. Nelson,, Etc., &, 423 F.2d 1216 (9th Cir. 1970)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 24, 1970
Docket
No. 23962_1
Judges
Madden, Claims, Carter, Trask
Citations
423 F.2d 12161970 U.S. App. LEXIS 10173

Opinion — Per Curiam

PER CURIAM:

Allard, a California state prisoner brought habeas corpus proceedings in the district court, to challenge revocation of parole by the California Adult Authority.

Allard was given an indeterminate sentence in 1960 for burglary. Shortly after a parole in 1964 he was charged with child molesting. His parole was suspended and a hearing granted before the California Adult Authority for violation of parole on two grounds,— (1) child molesting under Penal Code, §§ 288 and 288a, and (2) drinking to excess.

At trial the Superior Court dismissed the child molesting charge.

After the dismissal, Allard was interviewed by his parole officer and admitted hé and two companions consumed nearly three pints of whiskey on the day of the alleged child molesting offense.

The Adult Authority dismissed count 1 and found Allard had violated his parole as charged in count 2. Parole was revoked.

Allard’s mere conclusory allegation that the revocation of his parole was arbitrary and capricious does not raise a constitutional question. Williams v. Dunbar, (9 Cir. 1967) 377 F.2d 505 , cert. denied 389 U.S. 866 , 88 S.Ct. 131 , 19 L.Ed.2d 137 (1967). The procedures followed by the Adult Authority do not violate due process, Williams v. Dunbar, supra, and do not raise substantial constitutional questions, Eason v. Dickson, (9 Cir. 1968) 390 F.2d 585 , 588-589, cert. denied 392 U.S. 914 , 88 S.Ct. 2076 , 20 L.Ed.2d 1373 (1968); Dunn v. California Dept. of Corrections, (9 Cir. 1968) 401 F.2d 340, 342 ; Head v. Chavez, (9 Cir. 1969) 411 F.2d 1222 , 1223.

Judgment is affirmed.

How later courts describe this case

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

1970: 11987: 11989: 12019: 22021: 12024: 12025: 12026: 119702026peak 2019 · 2

Relies on it most ⓘ

  1. Capanis v. ClarkNo. 3:19-cv-04562 (N.D. Cal. Nov. 8, 2019)
  2. Johnny C. Wiggins v. A.L. Lockhart, Director, Arkansas Department of Correction825 F.2d 1237 (8th Cir. 1987)
  3. William Lebron Church v. State of Tennessee Tennessee Board of Pardons and Paroles872 F.2d 1024 (6th Cir. 1989)
  4. Daniel Olson v. California Adult Authority428 F.2d 1228 (9th Cir. 1970)
  5. Smith v. PearmanNo. 3:19-cv-03683 (N.D. Cal. Oct. 4, 2019)
  6. Rivera v. BroomfieldNo. 4:21-cv-06520 (N.D. Cal. Nov. 10, 2021)

Most recent

  1. Derrick Bryan Allen v. Jacqueline BluthNo. 2:26-cv-00141 (D. Nev. Jan. 27, 2026)
  2. Price v. BeanNo. 2:24-cv-00789 (D. Nev. July 3, 2025)
  3. Allen v. OliverNo. 2:24-cv-00475 (D. Nev. Mar. 15, 2024)
  4. Rivera v. BroomfieldNo. 4:21-cv-06520 (N.D. Cal. Nov. 10, 2021)
  5. Capanis v. ClarkNo. 3:19-cv-04562 (N.D. Cal. Nov. 8, 2019)
  6. Smith v. PearmanNo. 3:19-cv-03683 (N.D. Cal. Oct. 4, 2019)

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.

Authorities cited 3

DepthCaseCited by
Williams v. Dunbar, 377 F.2d 505 (9th Cir. 1967) 42
Eason v. Dickson, 392 U.S. 914 (1968) 34
Dunn v. Cal. Dep't of Corr., Cal. Adult Auth., & L. S. Nelson, 401 F.2d 340 (9th Cir. 1968) 42

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