Can a parolee's conviction for assault be used to revoke his parole?

MultiRegion, United States of America

The following excerpt is from Heinz v. McNutt, 582 F.2d 1190 (9th Cir. 1978):

Appellants also contend that since "a parolee cannot relitigate issues determined against him in other forums, as in the situation presented when the revocation is based on conviction of another crime," Morrissey v. Brewer, 408 U.S. at 490, 92 S.Ct. at 2605, a conviction conclusively proves a violation and the state is entitled to revoke parole if the violation is "found to be reasonable grounds for revoking parole under state standards." Id. They argue that the sentencing judge's determination that the parolee-defendant should be incarcerated rather than placed on probation can be extended to apply to the parole revocation as well.

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