Resource: Morrissey v. Brewer

On January 4, 1967, John J. Morrissey entered a guilty plea to an information charging him with false uttering of a check. After serving part of his seven-year sentence, the Iowa Board of Parole granted Morrissey parole, and he was released from Iowa State Penitentiary on June 20, 1968. On January 24, 1969, however, Morrissey was arrested in Cedar Rapids for violating his parole. The Board of Parole entered an order revoking his parole and returning Morrissey to prison. Morrissey filed several habeas corpus actions in Iowa state courts between June 1969 and August 1969, but soon exhausted his state remedies. On September 12, 1969, Morrissey filed a habeas corpus petition in federal district court, which was denied; the court also denied his notice of appeal, considered as an application for certificate of probable cause. The United States Court of Appeals, Eighth Circuit, granted Morrissey’s application and appointed counsel to represent Morrissey on appeal.