Winters v. Solem

We do not have before us an instance of a prisoner claiming he is entitled to parole. Having been granted parole, the prisoner is claiming that he is entitled to a hearing, because of its rescission.

SDCL 24-15-1.1 is a state law, cited by the majority. Said statute expresses that an application for parole cannot establish a constitutionally protected liberty, property or due process interest. Parole is grace bestowed upon a prisoner because of his good conduct. Statutes should not try to express what is and what is not constitutional. See, Vellinga v. Vellinga, 442 N.W.2d 472, 475-77…