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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
PALAU DISTRICT
Civil Action No. 25
ICHIRO
Plaintiff
v
BISMARK
Defendant
August 17, 1953
See, also, 1 T.T.R. 65
Habeas corpus proceeding, in which plaintiff seeks release from prison after District Administrator revoked parole granted by High Commissioner for breach of condition, following plaintiff's conviction for trespass. The Trial Division of the High Court, Chief Justice E. P. Furber, held that writ will be granted unless plaintiff is given opportunity to be heard on question of revocation of parole and on how much of balance of original term he is required to serve.
1. Constitutional Law-Due Process
No person may be deprived of life, liberty, or property without due process of law. (T.T.C., Sec. 4)
2. Constitutional Law-Due Process
Words of due process clause, when used in Trust Territory Bill of Rights, are presumed to have same meaning as in United States, in those situations to which they are applicable. (T.T.C., Sec. 4)
3. Constitutional Law-Custom-Applicability
Trust Territory Bill of Rights is limited by existing customary law, except as otherwise determined by High Commissioner. (T.T.C., Sec. 4)
4. Constitutional Law-Due Process
Opportunity to be heard is essential element of due process of law. (T.T.C., Sec. 4)
5. Constitutional Law-Due Process
One acting under due process of law guarantee is presumed to intend that discretionary powers granted by him to deprive individual of his liberty will be exercised in accordance with such guarantee, unless contrary intention is indicated. (T.T.C., Sec. 4)
6. Criminal Law-Pardon and Parole
If High Commissioner intends to authorize District Administrator to revoke parole without notice and opportunity to be heard, he will so stipulate under recognized power to make such express provision.
7. Criminal Law-Pardon and Parole
Where there is no stipulation by High Commissioner for revocation of parole without notice and opportunity to be heard, and due process clause is in force at time of attempted revocation, power to revoke parole for alleged breach of conditions cannot be exercised without notice and opportunity to be heard.
8. Criminal Law-Pardon and Parole
Notice and opportunity to be heard are especially important in cases where person who is authorized to revoke parole exercises substantial judgment or discretion.
9. Criminal Law-Pardon and Parole
Where District Administrator is given power to revoke parole, he exercises substantial amount of judgment which might properly be influenced by many factors beyond mere question of whether breach of condition of parole has occurred.
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