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Nixon v. Quick

September 27, 2001

CLARENCE NIXON, APPELLANT
v.
MARGARET QUICK, ET AL., APPELLEES



Before Wagner, Chief Judge, and Schwelb, Associate Judge, and Pryor, Senior Judge.

The opinion of the court was delivered by: Wagner, Chief Judge

Appeal from the Superior Court of the District of Columbia (Hon. Iraline Green Barnes, Trial Judge)

Argued November 4, 1999

Appellant, Clarence Nixon, appeals from the summary denial of his petition for a writ of habeas corpus without a hearing. In his petition in the trial court, Nixon alleged that the District of Columbia Board of Parole denied him a fair parole revocation hearing by:

(1) excluding him from the revocation hearing during the testimony of an adverse witness;

(2) refusing to disclose to him prior to the hearing a letter from his former girlfriend which was used as evidence against him; and

(3) failing to hold the hearing within a reasonable time.

We conclude that Nixon has alleged sufficient facts to entitle him to a hearing; therefore, we reverse and remand for further proceedings consistent with this opinion.

I.

Nixon is currently serving the remainder of sentences imposed by Superior Court totaling three years nine months to twelve years six months for multiple offenses following revocation of his parole by the District of Columbia Parole Commission. *fn1 Nixon was given probation on the original sentences, but the court revoked probation and imposed the original sentence in 1981 following his conviction for kidnaping in Louisiana for which Nixon served an eighteen month sentence. Nixon was paroled into the community from his D.C. sentences on April 4, 1984, but his parole was revoked because of a conviction for child abuse in Prince George's County Maryland where he was sentenced to a term of incarceration. *fn2 He resumed serving his current sentence, and was granted parole again on February 23, 1994.

On February 24, 1997, the Board of Parole issued Nixon a parole violation notice based on allegations that he had violated the law, as reflected by two arrests in Maryland. One of the arrests was for breaking and entering the home of Michellie Douglas; however, Nixon was found not guilty of this offense after a jury trial. Ms. Douglas, who had a child in common with Nixon, obtained a protection order based upon Nixon's threats of violence against her. Nixon's second arrest on January 7, 1997, which resulted in his conviction in the District Court of Maryland for Prince George's County, was for violation of the civil protection order. The court sentenced Nixon to ninety days in jail, suspended the execution of sentence and placed him on unsupervised probation for three years with the condition that he have no contact with Ms. Douglas.

The parole violation warrant issued on February 24, 1997 was served upon Nixon on April 14, 1997. Nixon then signed a Notice of Hearing Rights, which stated, inter alia, that Nixon was entitled:

[ ] To have disclosure of the evidence against you;

[ ] To request that the Board make available for questioning at the hearing any person who has given information against you on which the Board may rely to revoke your parole, unless granting this ...


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