People v. DeLeon

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Under the Criminal Justice Realignment Act of 2011 (Realignment Act) incarcerated parolees facing revocation under Cal. Penal Code 1203.2 are entitled to a timely preliminary hearing. At issue in this case was whether the enactment of the Realignment Act, which transferred jurisdiction over most parole revocation hearings from the Board of Parole Hearings to the superior courts, made unnecessary a prompt preliminary hearing after arrest to determine whether there was probable cause to believe a parole violation had occurred. Even though this case was moot, the Supreme Court exercised its discretion to decide what procedure should govern parole revocation proceedings under the Realignment Act. The Supreme Court held that the preliminary hearing requirement set forth in Morrissey v. Brewer, 408 U.S. 471, (1972) applies to parole revocation proceedings conducted in superior court. View "People v. DeLeon" on Justia Law

Posted in: Criminal Law

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