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FOY v. BOUNDS

No. 72-1003.

481 F.2d 286 (1973)

Jim Eugene FOY, Appellant, v. V. Lee BOUNDS, Director of North Carolina Department of Correction, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1973.

Attorney(s) appearing for the Case

Professor Ralph S. Spritzer, University of Pennsylvania School of Law, Philadelphia, Pa. (Norman B. Smith and Smith, Patterson, Follin & Curtis, Greensboro, N. C., on brief), for appellant.

Jacob L. Safron, Asst. Atty. Gen., (Robert Morgan, Atty. Gen., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WINTER, Circuit Judge.

HAYNSWORTH, Chief Judge:

In this habeas corpus case, the prisoner complains that he was not afforded the right of confrontation of adverse witnesses in his North Carolina probation revocation hearing. While the right of confrontation was not afforded, under the circumstances of this case, we find no denial of due process.

Foy had been convicted in North Carolina of a "crime against nature," and a suspended sentence had been imposed upon him. He was placed...

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