Middleton v. Parole Bd., Docket No. 152139
| Decision Date | 06 February 1995 |
| Docket Number | Docket No. 152139 |
| Citation | 528 N.W.2d 791,208 Mich.App. 563 |
| Parties | Robert L. MIDDLETON, Plaintiff, v. PAROLE BOARD, Defendant. (On Remand) |
| Court | Court of Appeal of Michigan — District of US |
Robert L. Middleton, in pro. per.
Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Thomas A. Kulick, Asst. Atty. Gen., for defendant.
Before SAWYER, P.J., and BANDSTRA and BURNS, * JJ.
ON REMAND
This is an original action for mandamus. We initially denied relief on plaintiff's complaint by an order dated September 19, 1991. However, plaintiff thereafter sought leave to appeal to the Supreme Court and the Supreme Court, in lieu of granting leave, vacated this Court's order and remanded the matter for plenary consideration. Middleton v Parole Board, 439 Mich. 995, 484 N.W.2d 652 (1992). On plenary consideration, we again deny plaintiff's complaint.
According to plaintiff, he was convicted in 1968 of murder in the second degree, M.C.L. § 750.317; M.S.A. § 28.549, and thereafter sentenced to serve life in prison. After a July 1983 parole interview, a member of the parole board recommended that plaintiff serve at least twenty years before being given meaningful parole consideration. Plaintiff further alleges that in 1988 the parole board did vote to proceed with the investigation of his case toward parole. However, plaintiff's case has never been brought on for a public hearing, a required step before a prisoner serving a life term may be granted parole. Plaintiff claims that he is entitled to a public hearing. We disagree.
The parole of a prisoner serving a life term is governed by the provisions of M.C.L. § 791.234(4); M.S.A. § 28.2304(4), which currently provides as follows: 1
A prisoner under sentence for life or for a term of years, other than a prisoner sentenced for life for murder in the first degree or sentenced for life or for a minimum term of imprisonment for a major controlled substance offense, who has served 10 calendar years of the sentence in the case of a prisoner sentenced for a crime committed before October 1, 1992, or who has served 15 calendar years of the sentence in the case of a prisoner sentenced for a crime committed on or after October 1, 1992, is subject to the jurisdiction of the parole board and may be released on parole by the parole board, subject to the following conditions:
(a) One member of the parole board shall interview the prisoner at the conclusion of 10 calendar years of the sentence and every 5 years thereafter until such time as the prisoner is paroled, discharged, or deceased. The interview schedule prescribed in this subdivision applies to all prisoners to whom this subsection is applicable, whether sentenced before, on, or after the effective date of the 1992 amendatory act that amended this subdivision.
(b) A parole shall not be granted a prisoner so sentenced until after a public hearing held in the manner prescribed for pardons and commutations in sections 44(2)(f) to (h) and 45. Notice of the public hearing shall be given to the sentencing judge, or the judge's successor in office, and parole shall not be granted if the sentencing judge, or the judge's successor in office, files written objections to the granting of the parole within 30 days of receipt of the notice of hearing. The written objections shall be made part of the prisoner's file.
The public hearing provisions referred to in the above statute are contained in M.C.L. § 791.244(2)(f)-(h); M.S.A. § 28.2314(2)(f)-(h), which provides as follows:
(f) Conduct a public hearing not later than 90 days after making a decision to proceed with consideration of a recommendation for the granting of a reprieve, commutation, or pardon. The public hearing shall be held before a formal recommendation is transmitted to the governor. One member of the parole board who will be involved in the formal recommendation may conduct the hearing, and the public shall be represented by the attorney general or a member of the attorney general's staff.
(g) At least 30 days before conducting the public hearing, provide written notice of the public hearing by mail to the attorney general, the sentencing trial judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice pursuant to the crime victim's rights act, Act No. 87 of the Public Acts of 1985, being sections 780.751 to 780.834 of the Michigan Compiled Laws.
(h) Conduct the public hearing pursuant to the rules promulgated by the department. Except as otherwise provided in this subdivision, any person having information in connection with the pardon, commutation, or reprieve shall be sworn as a witness. A person who is a victim shall be given an opportunity to address and be questioned by the parole board at the hearing or to submit written testimony for the hearing. In hearing testimony, the parole...
To continue reading
Request your trial
-
Gilmore v. Parole Bd.
...is clearly required, this Court has held that the Parole Board cannot be compelled to hold one. Middleton v. Parole Bd. (On Remand), 208 Mich.App. 563, 566-568, 528 N.W.2d 791 (1995). Notice of the hearing must be given to the sentencing judge or the judge's successor. MCL 791.234(6)(b); MS......
-
Parole of Glover, In re
...with the inmate, that parole should be recommended. M.C.L. § 791.234(6)(b); M.S.A. § 28.2304(6)(b), Middleton v. Parole Bd. (On Remand), 208 Mich.App. 563, 567, 528 N.W.2d 791 (1995). In the instant case--where the Parole Board had already decided on the basis of objective standards that ap......
-
In re Parole of Johnson
...is clearly required, this Court has held that the Parole Board cannot be compelled to hold one. Middleton v. Parole Bd. (On Remand), 208 Mich.App. 563, 566-568, 528 N.W.2d 791 (1995). Notice of the hearing must be given to the sentencing judge or the judge's successor. MCL 791.234(6)(b); MS......