United States DC Circuit

Judgment denying petitioner habeas relief with respect to a challenge to a revocation of his parole is reversed and remanded with instructions that petitioner be provided with a new parole revocation hearing where it was not possible to conclude that a parole board properly relied on certain hearsay at issue, and absent that evidence, the decision was "totally lacking in evidentiary support."

Appellate Information

• Argued 05/05/2006
• Decided 07/07/2006
• Published 07/07/2006

Judges

• Before:  SENTELLE and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Catharine F. Easterly, Assistant Public Defender, Public Defender Service of the District of Columbia, argued the cause for appellant.   With her on the brief was Timothy P. O'Toole, Assistant Public Defender.


• For Appellees:
  
• Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for appellees.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese, III and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.