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· 5/5/2008

Cooper v. South Carolina Department of Probation, Parole & Pardon Services

Citations

  • 661 S.E.2d 106
  • 377 S.C. 489
  • 2008 S.C. LEXIS 134

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the ALC's review is limited to ascertaining whether the parole board followed proper procedures when determining parole eligibility
  • holding the parole board's consideration of factors it established pursuant to section 24-21-640 was not an ex post facto violation
  • holding an inmate has a state-created liberty interest in requiring the parole board to adhere to statutory criteria in rendering a decision
  • holding a Board decision was arbitrary and capricious because the Board failed to follow proper procedure by considering required statutory criteria
  • holding the ALC has limited authority to review routine denials of parole when the parole board relies on, and expressly cites to, the factors outlined in section 24-21-640 and the factors listed in the parole criteria form
  • holding \the ALC can summarily dismiss [an] inmate's appeal\ when the parole board \clearly states in its order denying parole that it considered the factors outlined in section 24-21-640 and the fifteen factors published in its parole form\

Source: CourtListener parenthetical corpus (CC0).

Judges: Beatty, Toal, Moore, Waller, Pleicones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.