Featherson v. Utah Board of Pardons & Parole
2013 UT App 17
| Utah Ct. App. | 2013Background
- Featherson appeals the denial of his petition for extraordinary relief challenging the Utah Board of Pardons and Parole's parole denial.
- The Board moved to dismiss the petition as moot; Featherson dismissed counsel and filed a pro se response.
- Featherson alleged due process violations for relying on an outdated risk assessment and sought a new parole hearing based on current information.
- The Board held a special attention hearing on September 18, 2012, considering new information and all reports, and issued a decision keeping Featherson incarcerated for life.
- The issue of mootness arises because Featherson received the relief he sought (a hearing) and no further judicial relief can affect rights on the new-hearing issue.
- Featherson also argued the Board exceeded its authority by effectively sentencing him for life without parole; this court has previously held the Board acts within its discretion on the maximum-term issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of Featherson's request | Featherson seeking a new hearing. | Board already granted relief by holding a new hearing. | Moot; relief granted. |
| Authority to keep Featherson for life | Board exceeded its authority by long-term incarceration. | Board's action is within its discretion on maximum term. | Within Board's discretion; no abuse. |
Key Cases Cited
- State v. Sims, 881 P.2d 840 (Utah 1998) (mootness and advisory opinions standard)
- Kelly v. Board of Pardons, 2012 UT App 279, 288 P.3d 39 (Utah App. 2012) (Board discretionary authority to commute or terminate an indeterminate sentence)