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JONES v. UTAH BOARD OF PARDONS & PAROLE

No. 20020485.

94 P.3d 283 (2004)

2004 UT 53

Scott Allen JONES, Plaintiff, Appellee, and Cross-Appellant, v. UTAH BOARD OF PARDONS & PAROLE, and Hank Galetka, Warden of the Utah State Prison Defendants, Appellants, and Cross-Appellees.

Supreme Court of Utah.

June 29, 2004.

Attorney(s) appearing for the Case

Edward K. Brass, Salt Lake City, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Sharel S. Reber, Asst. Att'y Gen., Salt Lake City, for defendants.

NEHRING, Justice:

¶ 1 This case presents the question of whether the Utah Constitution authorized the legislature to enact Utah Code section 77-27-11(3), which empowers the Board of Pardons and Parole to issue warrants to retake parolees believed to have violated parole. Utah Code Ann. § 77-27-11(3) (2003). We hold that it did.

BACKGROUND

¶ 2 Scott Jones is now incarcerated at the Utah State Prison. He had been previously committed...

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