In Re Williams

Opinion

REGAN, J.

In this application for a writ of habeas corpus, petitioner Bobby Williams alleges the revocation of his parole did not conform to the requirements set forth in

Morrissey

v.

Brewer

(1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593], and

Gagnon

v.

Scarpelli

(1973) 411 U.S. 778 [36 L.Ed.2d 656, 93 S.Ct. 1756].

Petitioner was released on parole April 2, 1973, and 22 days thereafter he was arrested by his parole officer and placed in the Los Angeles County jail. The officer filed a report to the Adult Authority charging three violations of the conditions of his parole and recommending petitioner be returned to a state facility.

[651]

On May 4, 1973, the Adult Authority scheduled a pre-revocation of parole hearing for petitioner. On May 6, 1973, petitioner received and signed a notice of his right to a pre-revocation hearing and indicated he .requested one be held. On that same day petitioner was informed of the date (May 9, 1973), time (9:30 a.fn.) and place (Los Angeles County jail), at which the hearing would be held. Attached to the notice was a report of the facts relating to the alleged violation of parole conditions.

On May 9, 1973, a pre-revocation hearing was held in the Los Angeles County jail. Although petitioner had requested that certain members of his family appear as witnesses, they refused to appear. Petitioner, however, did testify in his own behalf. After the hearing, probable cause was found to exist as to the three charged violations of parole.

Petitioner was then returned to state prison. On July 10, 1973, petitioner was notified of his right to revocation hearing and of his right to request an attorney. Petitioner refused to acknowledge receipt of such notice, refused to take advantage of the offer of counsel, and refused to request that any witnesses be present at the hearing. Petitioner was advised that his failure to sign the notice constituted a waiver.