· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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