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LARSON v. McKENZIE

No. 76-1821.

554 F.2d 131 (1977)

Lonnie S. LARSON, Appellee, v. Arthur L. McKENZIE, Warden, West Virginia Penitentiary, and West Virginia Board of Probation and Parole, Appellants, and State of Louisiana, 19th Judicial District; Baton Rouge, Louisiana, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1977.

Attorney(s) appearing for the Case

John L. Davis, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Jr., Atty. Gen., Betty L. Caplan, Asst. Atty. Gen., Charleston, W. Va., on brief), for appellants.

Brad H. Thompson, Wheeling, W. Va. (Bailey, Byrum & Vieweg, Wheeling, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and FIELD, Senior Circuit Judges.

PER CURIAM:

The district court granted the petition of Lonnie S. Larson for habeas corpus relief, holding that the petitioner's constitutional right to due process had been violated by the failure of the State of West Virginia to grant him a prompt parole revocation hearing. West Virginia has appealed and we reverse.

On January 18, 1971, Larson was convicted of burglary in the Circuit Court of Morgan County, West Virginia, and received an indeterminate sentence...

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