Home/Fifth Circuit/Emory Newton Brown v. J. O. Kearney, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U.S. Board of Parole

Emory Newton Brown v. J. O. Kearney, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U.S. Board of Parole

355 F.2d 199, 1966 U.S. App. LEXIS 7359
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 28, 1966
Docket22760
StatusPublished
Cited by42 cases

This text of 355 F.2d 199 (Emory Newton Brown v. J. O. Kearney, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U.S. Board of Parole) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emory Newton Brown v. J. O. Kearney, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U.S. Board of Parole, 355 F.2d 199, 1966 U.S. App. LEXIS 7359 (5th Cir. 1966).

Opinion

PER CURIAM:

This is an appeal from an order of the United States District Court denying appellant’s petition for habeas corpus. Appellant contends in his petition that the revocation of his conditional release from the United States penitentiary was based solely on evidence obtained by an illegal search and seizure.

While a parolee is entitled to constitutional protection from illegal search and seizure, it is not necessary for us to pass on this question in reaching our decision.

Parole is a matter of grace, not of right, and the revoking of parole is within the sound discretion of the Parole Board. Excluding the evidence obtained by the search and seizure, the record shows there were ample grounds upon which to base the decision of the Parole Board and there was no abuse of its discretion in revoking the parole of petitioner.

The order of the United States District Court in denying appellant’s petition for habeas corpus is therefore affirmed.

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Bluebook (online)
355 F.2d 199, 1966 U.S. App. LEXIS 7359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emory-newton-brown-v-j-o-kearney-warden-united-states-penitentiary-ca5-1966.