HYSER v. REED

Nos. 16716, 16806, 16811, 16873, 17041-17043, 17059.

318 F.2d 225 (1963)

Robert E. HYSER, Appellant, v. George J. REED, Chairman, United States Board of Parole, Appellee. John Thomas JATOFT, Appellant, v. R. A. CHAPPELL, Chairman, United States Board of Parole, et al., Appellees. James Charles WHITLING, Appellant, v. George J. REED, Chairman, United States Board of Parole, et al., Appellees. Robert THOMPSON, Appellant, v. UNITED STATES BOARD OF PAROLE et al., Appellees. John T. NEISWENTER, Jr., Appellant, v. Richard A. CHAPPELL, Chairman, United States Board of Parole, et al., Appellees. Andrew Louis FITZPATRICK, Appellant, v. Richard A. CHAPPELL, Chairman, United States Board of Parole, et al., Appellees. William Francis LeRoy WILLIAMSON, Appellant, v. Richard A. CHAPPELL, Chairman, United States Board of Parole, et al., Appellees. Larry T. JAMISON, Appellant, v. Richard A. CHAPPELL, Chairman, United States Board of Parole, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 11, 1963.


Attorney(s) appearing for the Case

Mr. James H. Heller, Washington, D. C. (appointed by this court for appellant in No. 16873), argued for appellants in Nos. 16716, 16806, 16811, 16873.

Mr. Lawrence Speiser, Washington, D. C., with whom Messrs. David B. Isbell and Robert J. Muth, Washington, D. C. (all appointed by this court), were on the brief for appellants in Nos. 17041, 17042, 17043, 17059. Messrs. Richard S. Arnold and Mark A. Weiss, Washington, D. C., were also on the brief for appellants in Nos. 17041, 17042, 17043, 17059.

Mr. Harold H. Greene, Atty., Dept. of Justice, with whom Asst. Atty. Gen., Burke Marshall, Messrs. David C. Acheson, U. S. Atty., and Alan G. Marer, Atty., Dept. of Justice, were on the brief, for appellees in Nos. 16716, 16806, 16811, 16873.

Mr. David Rubin, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice by special leave of court, with whom Asst. Atty. Gen. Burke Marshall, Messrs. David C. Acheson, U. S. Atty., and Harold H. Greene, Atty., Dept. of Justice, were on the brief, for appellees in Nos. 17041, 17042, 17043, 17059.

Mr. Herbert M. Schulkind, Washington, D. C. (appointed by this court), was on the brief for appellant in No. 16716. Mr. Lawrence Speiser, Washington, D. C., filed a memorandum on behalf of appellant in No. 16716 as amicus curiae.

Mr. Geoffrey Creyke, Jr., Washington, D. C. (appointed by this court), was on the brief for appellant in No. 16806. Mr. H. Randall Bixler, Washington, D. C., also entered an appearance for appellant in No. 16806.

Messrs. Greene C. Furman and Elbert E. Blakely, Washington, D. C., (both appointed by the District Court), were on the brief for appellant in No. 16811.

Messrs. Patrick A. McDonald and John A. Yacovelle, Jr., Washington, D. C., (both appointed by the District Court), were on the brief for appellant in No. 16873.

Before BAZELON, Chief Judge, and EDGERTON, WILBUR K. MILLER, FAHY, WASHINGTON, DANAHER, BASTIAN, BURGER and WRIGHT, Circuit Judges, sitting en banc.


BURGER, Circuit Judge, with whom WILBUR K. MILLER, WASHINGTON, DANAHER and BASTIAN, Circuit Judges, concur.

These cases arise from parole revocation proceedings and have been consolidated for en banc consideration by the court inasmuch as the basic questions are common to all the appeals. Each appellant was ably represented by court appointed counsel in the District Court and in this court.

Hyser v. Reed, No. 16716

Hyser was convicted of violation...

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