NOEL v. NORRIS

No. 03-2512.

336 F.3d 648 (2003)

Riley Dobi NOEL, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction; Mike Huckabee, Governor of Arkansas; Marvin Evans, Warden, Tucker Maximum Security Unit; Leroy Brownlee; John Belken; John Felts; Joe Franklin; Erma Hendrix; Carolyn Robinson; Larry Zeno; Arkansas Post Prison Transfer Board, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2003.


Attorney(s) appearing for the Case

Craig Lambert, argued, Little Rock, AR, for appellant.

Joseph V. Svoboda, argued, Little Rock, AR, for appellee.

Before BOWMAN, MORRIS SHEPPARD ARNOLD, and RILEY, Circuit Judges.


PER CURIAM.

This is an action under 42 U.S.C. § 1983 brought by Riley Dobi Noel, a prisoner under sentence of death. He claims that the State of Arkansas violated his constitutional right to due process when it interfered with his ability to prepare and present his case for executive clemency.

Because clemency is extended mainly as a matter of grace, and the power to grant it is vested in the executive prerogative, it is a rare case that presents a successful...

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