Legal Opinion · Dissent

Neese v. Utah Bd. of Pardons & Parole

Utah Supreme Court

Decided December 14, 2017No. Case No. 20150487Published

Chief Justice Durrant filed an opinion concurring in part and concurring in the result.

1Dissent

Associate Chief Justice Lee, dissenting:

¶ 120 I share some of the majority's concerns about the fairness of the procedures afforded to Neese by the Parole Board. The Board's refusal to allow Neese to call and question his accuser made it difficult for him to persuasively refute the sex-offense charge against him. And without a persuasive means of rebuttal, Neese is likely to face substantially more prison time than most other inmates serving time for his crime of conviction (obstruction of justice). He would also serve that time without a trial-like adjudication of the sex-offense charge in…

2Cases cited28 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Meachum v. FanoSupreme Court of the United States · 1976
  3. Williams v. New YorkSupreme Court of the United States · 1949
  4. United States v. TuckerSupreme Court of the United States · 1972
  5. McMillan v. PennsylvaniaSupreme Court of the United States · 1986

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