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FOOTE v. UTAH BD. OF PARDONS

No. 900132.

808 P.2d 734 (1991)

James Carlos FOOTE, Petitioner, v. The UTAH BOARD OF PARDONS; Pete Hahn, Chairman of the Utah Board of Pardons; and Victoria Palacios, Member of the Utah Board of Pardons, Respondents.

Supreme Court of Utah.

March 14, 1991.

Attorney(s) appearing for the Case

Craig S. Cook, Salt Lake City, for petitioner.

R. Paul Van Dam, C. Dane Nolan, Salt Lake City, for respondents.

HALL, Chief Justice:

This is an original proceeding in this court wherein petitioner James Carlos Foote seeks extraordinary relief. Foote contends that the manner in which his parole hearings have been conducted has deprived him of procedural due process.

Foote concedes that absent statutory language which limits a parole board's discretion, which is the case in Utah,1 there is no federally protected liberty interest in parole...

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