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VITTONE v. STATE

No. 16918.

759 P.2d 909 (1988)

114 Idaho 618

Mark D. VITTONE, Petitioner-Appellant, v. STATE of Idaho; A.I. Murphy, Director of the Idaho Department of Corrections, Individually and in His Official Capacity; Ms. Olivia Craven, Executive Secretary of the Idaho Pardons and Parole Commission in Her Official Capacity; All Members of the Idaho Pardons and Parole Commission, Individually and in Their Official Capacity, Defendants-Respondents.

Court of Appeals of Idaho.

April 15, 1988.

Attorney(s) appearing for the Case

Mark D. Vittone, pro se.

Jim Jones, Atty. Gen., Timothy D. Wilson, Deputy Atty. Gen., for defendants-respondents.

SWANSTROM, Judge.

Mark Vittone was denied parole by the Idaho Pardons and Parole Commission after a hearing in October 1986. Vittone then filed a petition for habeas corpus alleging the commission's actions were arbitrary and capricious, denying him due process. The district court denied the petition.

Vittone appeals, again raising the issues he argued before the district court. Other issues raised are whether I.C. § 20-223 creates a protected liberty...

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