[DOWNLOAD] "Charles R. Izatt v. State Idaho" by Supreme Court of Idaho No. 13691 * eBook PDF Kindle ePub Free

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eBook details

• Title: Charles R. Izatt v. State Idaho
• Author : Supreme Court of Idaho No. 13691
• Release Date : January 07, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Following a hearing before the Idaho Commission for Pardons and Paroles on April 24, 1979, the appellant Charles Izatt, by a unanimous decision, was denied parole and was passed for further parole consideration to the end of his sentence. The appellant thereafter filed a petition for writ of habeas corpus, alleging that the actions of the Commission denied him due process. On September 6, 1979, the Honorable Robert M. MacConnell, Magistrate, dismissed the appellant's petition, holding that the court had no authority to review an action of the Commission in refusing to release an offender, unless the board holds the defendant beyond the maximum term imposed by the court. The appellant appealed the magistrate's decision to the district court, which affirmed the decision of the magistrate on March 31, 1981. The district court held that the issue of whether the Commission's decision to pass the appellant for further parole consideration until the end of his sentence was grounds for granting relief was moot because, during the pendency of the appeal, the Commission had granted a new parole hearing and rescinded its previous decision. On appellant's claim that the Commission erred in failing to provide a statement of reasons for its denial of parole, the court held that no such requirement existed as a matter of due process, citing Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex, 442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979). The court noted that under Greenholtz a state can create a legitimate expectation of parole which would be entitled to some measure of due process protection, but held that the Idaho parole statute, I.C. § 20-223[Footnote 1], created only a possibility of parole. Thus, the court concluded that no due process rights attach under the Idaho statute and that the Commission is not obligated as a matter of due process to give written reasons for the denial of parole. This appeal is from the decision of the district court.

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