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BERGEE v. BD. OF PARDONS AND PAROLES

No. 21058.

608 N.W.2d 636 (2000)

2000 SD 35

Timothy J. BERGEE, Nicholas A.Cote, Larry A. Eaton, Glen R. Gunnoe, Minh Hoang, Bryan S. Holm, Daniel W. Knight, Edward A. Newa, Robert L. Phillips, Tod H. Richards, Scott A. Schmidt, Clint R. Terry, and Mark Weaver, Appellants, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Appellee.

Supreme Court of South Dakota.

Decided March 8, 2000.

Rehearing Denied April 12, 2000.

Attorney(s) appearing for the Case

Michael D. Bornitz of James & Associates, Yankton, South Dakota, Attorneys for appellant Bryan S. Holm.

Paul R. Boschma, Springfield, South Dakota, Attorney for appellants.

Mark Barnett, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee.

KONENKAMP, Justice.

[¶ 1.] Is denial of parole an appealable decision for inmates sentenced to prison for crimes committed before July 1, 1996? The circuit court held that parole hearings are not contested cases subject to appeal under South Dakota's Administrative Procedure Act. We affirm. We also find no violation of equal protection when South Dakota's new parole laws were not applied retroactively.

Background

[¶ 2.] Plaintiffs are inmates...

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