Foote v. Utah Board of Pardons

HALL, Chief Justice:

This is an original proceeding in this court wherein petitioner James Carlos Foote seeks extraordinary relief. Foote contends that the manner in which his parole hearings have been conducted has deprived him of procedural due process.

Foote concedes that absent statutory language which limits a parole board’s discretion, which is the case in Utah, 1 there is no federally protected liberty interest in parole release 2 nor is there an expectation of parole afforded by the due process clause of the federal constitution. 3 However, he urges that we reject the rationale of…