Legal Opinion
Bergee v. South Dakota Board of Pardons & Paroles
South Dakota Supreme Court
Decided March 8, 2000No. NonePublishedCited by 20 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Is denial of parole an appealable decision for inmates sentenced to prison for crimes committed before July 1, 1996? The circuit court held that parole hearings are not contested cases subject to appeal under South Dakota’s Administrative Procedure Act. We affirm. We also find no violation of equal protection when South Dakota’s new parole laws were not applied retroactively.
Background
[¶ 2.] Plaintiffs are inmates at the Springfield State Prison who were denied parole by the South Dakota Board of Pardons and Paroles. They are serving sentences for crimes committed…
2Cases cited28 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
- Hallmark v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
- James Robert McQueary v. James Blodgett, Superintendent, Wsp Corrections, Dept of Indeterminate Sentencing Review BoardCourt of Appeals for the Ninth Circuit · 1991
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3Cited by20 opinions
- Debra Jenner v. Kay NikolasCourt of Appeals for the Eighth Circuit · 2016
- Rodriguez v. PatakiDistrict Court, S.D. New York · 2004
- Rindal v. SohlerSouth Dakota Supreme Court · 2003
- In Re B.Y. Development, Inc.South Dakota Supreme Court · 2000
- Morris Family LLC v. South Dakota Department of TransportationSouth Dakota Supreme Court · 2014
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