CRIMINAL LAW AND PROCEDURE - CONDITIONAL PARDONS - RIGHT TO NOTICE AND HEARING UPON REVOCATION FOR BREACH OF CONDITION

Authors

Smith Warder, University of Michigan Law SchoolFollow

Abstract

Plaintiff was granted a pardon upon the condition that if he failed to conduct himself as a useful, upright and law-abiding citizen, he could be rearrested and reconfined at the discretion of the Governor. The Governor made an ex parte revocation and plaintiff was returned to the penitentiary. The action of the Governor was sustained in the state courts. Plaintiff brings habeas corpus in the federal court. Held, plaintiff had a constitutional right to be heard and the denial of this right was in violation of the due process clause of the Fourteenth Amendment. Fleenor v. Hammond, (C. C. A. 6th, 1941) 116 F. (2d) 982.

Recommended Citation

Smith Warder, CRIMINAL LAW AND PROCEDURE - CONDITIONAL PARDONS - RIGHT TO NOTICE AND HEARING UPON REVOCATION FOR BREACH OF CONDITION, 40 Mich. L. Rev. 591 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss4/10