Free Remark - District Court of Delaware - Delaware

Case 1:04-cv-01440-SLR Document 24 Filed 12/21/2005 Page 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Willie C. Land )
Petitioner )
)
v. ) Civil Action No. 04-1440-SLR
)
Thomas Carroll, Warden )
M. Jane Brady, Attorney General for ) _
The State of Delaware ) M __
Respondents ) [Q `FXI Z`;. [ Ci ry-!
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PETITONERS APPLICATION FOR ` l--——U- S ·:;_. _j. ..|.-<:g·;ir—]
CERTIFICATE OF APPEALABILITY L ri; i’_ Li'? jiiar
At a Parole Revocation Hearing Land implored the Board of Parole to postpone
the proceedings to allow Land to subpoena Parole Oihcer Jeff Kay for examination on
the call in question.
Parole Oliicer Kay’s presence at the Hearing for examination on the call in
question was vital given the fact that Kay lodged the call in question in Land’s parole
tile.
The Board denied Land’s request and revoked Land’s liberty on another Parole
OElEicer’s belief that Land possibly violated the conditions of parole.
In Morrissey v. Brewer, 408 U.S. 471 (1972) the Supreme Court held that a
parolee has some due process rights and that all decisions of the Board shall be based on
facts.
Delaware Board of Parole Rule l9(b)(4) grants Land the right to subpoena any
witness relevant to the issue before the Board.

Case 1:04-cv-01440-SLR Document 24 Filed 12/21/2005 Page 2 of 2
Delaware Board of Parole Rule 19(b) states that all decisions from the Board
shall be based on facts. In Comgagna v. Hiatt, 100 F.Supp. 74 N.D. Ga. (1951) the
Court ruled that a parolee’s liberty cannot be revoked on a mere suspicion, beliei and
assumptions.
The Fourteenth Amendment to the United States Constitution guarantees that no
person shall be deprived of life, liberty or property without due process of law.
America was founded on the Constitution. To time bar a constitutional violation
would as equal to denying an American citizen his/her constitutional rights.
It is evident Hom the foregoing that Land’s due process rights to a fair and
impartial hearing were denied.
This Court should remand the case back to the District Court for a fact finding on
Land’s constitutional claim.
Respectfiilly submitted,
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Willie C. Land /35 iz: ZT
Delaware Correctional Center
1181 Paddock Road
Smyrna, Delaware 19977
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Dated: /°2' —/`5 _ (/5
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