Walling v. Francisco

Rulon, J.:

Terry F. Walling, petitioner, appeals the district court’s summary denial of his petition for writ of habeas corpus under K.S.A. 60-1501. Petitioner argues the Kansas Parole Board (KPB) violated his rights to due process by conducting his parole hearing with only two members of the parole board present.

Petitioner was convicted of a class B felony and sentenced to a term of imprisonment of 20 years to life. In July 1994 he had a parole hearing. According to petitioner, only two members of the KPB attended that hearing.

Petitioner was subsequently notified that he had been passed for…