Wildermuth v. Furlong

We should never have reached the merits of this case. In direct conflict with abundant Supreme Court authority, the majority opinion has improperly constitutionalized discretionary Colorado state parole board decisions without identifying the source of any liberty interest or other constitutional grounds.

In 1995, Wildermuth, a Colorado state inmate sentenced to life for first degree murder, was denied parole. In response to this denial, Wildermuth filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, arguing that “[t]he Colorado Parole Board, by basing its decision on inmate’s…