« YLJ Pocket Part review of appellate review after Booker | Main | Eleventh Circuit reverses below-guideline sentence »

July 7, 2006

Intriguing parole decision from the DC Circuit

Providing a rare outcome in a rare kind of case, the DC Circuit today in Singletary v. US Parole Commission, No. 04-7013 (DC Cir. July 7, 2006) (available here), ruled that a defendant was entitled to a new parole revocation hearing. Here is how the opinion starts:

Charles Singletary's parole was revoked in 1996 based on his alleged participation in a murder. The evidence tying Singletary to this offense — for which he has been imprisoned for the last ten years — consisted solely of hearsay testimony relayed by a prosecutor and an investigating detective.  The reliability of the hearsay, most of it multilayered, was never established, and its accuracy remains open to serious questions.  A parole revocation hearing is not a criminal trial, and the same standards of proof and admissibility of evidence do not apply.  Yet though the government is not required to carry a heavy burden in such proceedings, it cannot return a parolee to prison based on a record as shoddy as this one.  We therefore conclude that Singletary is entitled to a new parole revocation hearing.

July 7, 2006 at 01:11 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200d8342bdfd753ef

Listed below are links to weblogs that reference Intriguing parole decision from the DC Circuit:

» DC Circuit to US Parole Commission: Morrissey v. Brewer still is the law from Appellate Law
SLP reports that the DC Circuit remands Singletary v. US Parole Commission , No. 04-7013 (DC Cir. July 7, 2006) the USPS a parole revocation, with an opinion that concludes:We emphasize that we are not deciding whether the evidence would [Read More]

Tracked on Jul 7, 2006 2:23:42 PM

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB