# Petition — Hardwick v. Reese > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385005_1271%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition - **Published:** January 1, 1979 - **Citation:** 442 U.S. 925 ## Text Ww VY mary The Thala Shela: SuyoReme C punt i ee Pre Case mo 727-b&Ss” RECEIVED JUN 5- 1978 OFFICE OF THE CLERK SUPREME COURT, U.S. RX. Bohby Harcus eke D-Q2Q/o Pet Liomer - At Se a, Oe Mes. oon ‘Keese : an a Lorn tw...And- membees 0 Bored of Farchn 7 ARO “Ee stoudends Petihion:: tor vorit of Cebhinent) Ce ae ee State. Count pat Afeal; toe The PUY Cirnetit —s Yh aitias Sek ve: LR. Bobby HaredwictxDoar Ga. Dial. 4 Class. Cewtee fio. Box 33774 B-75 TJAckson, GA. 30233 Pet hioner — Fro- se / wd Tr The Uniled pore Sukeeme Court f Qh BobbLY Hetoloicks 0-220 | oti boner Ro Se | wa * ae Case Mo. Qa. Bobby Hploicke 0-22 )o : Kebabs ower (om Se | laine chaees | C Ase. Moumber. MRs. MAMIe Reese Chena of MA — Ard. mem bers of He| Moki ow toe leave b Fle Stale Bored ot Farcbw And Stele Reeed of frechy Awd| Awd FRoceed in toema Thu Regis ‘ Re ae —_—_—_—__—_—— —_ fefore Mme. Aw AGent. Commissioved to Ad a ee fo. Se Bobby Hetedunzk . Ask leaw Minrster the oath 1 CAme We Bobby HA Rokvick , roho am ae Feoteed, on the phbsuken J Lil... Bam atlee being Stooen Under ondth, de hse Ard make's Le A weak of Ceakionari in this Coued teom the toLlowinl Stalemend , to Wik: wile Shrles L4L) Ciecuit Court ot AfPeals . ing : I Am incnecerntled And js wrth out GAintul emfloYment And is thenetare unnhle ty teaY AwY Court, Cost. | atl ke Am A cisabled Velesan An! theews V. A. Check , in the Amount Of 7.939.006 te — eRe at toate akg Ld. Bp ciL# D-22/o WY Ww ued tbo my Witte And tamily tor the sole fur - ose Bt talkinG Cree el my ite. Mother And HeauChtee in that mY wrfe ts uwable to Tally BulfoeL herself And mY deulhter ,Thenehee, I can- ob use Ary fortio of thak Check foe Couet CosT if DL am +o seo that mY wife And tamil/, or Mees i frovided usd the pecessities OL Life.” me” oe On ve About meech ae AfeilL ot 1969 LD became pune of the fact that ceetein membees of my emilY had misAPPePRiated’ 0 hu@e sum of my moth Cs SAvinl eg oe Uhen IL Lenened/ thad sho ee oh? Recfink hoe sriinls to hee Fema She APRinted Me her Fersonal Froancral Guredrarw So hak t could ferotectd. As best LT could , hee Sw a. at Authorit Vs COW RR He ob & duck —v— Caldwell Civil no. 292G. £s,0. Ga. 197D. b o@RisseY_ v_ Brewee Yoke U.S. 4971.92 S$.¢ch 2592.22 el 23 tu. 1 1998) — Stas oe Gebefeli: . =. nae g Seoth_vi Kern buciey Paele Boned wo. 74-G493F . Nov. 4976 Cus. Difiere Comet J — Se ee S$c.A6PQ —Vv_Unded stats Bond of Pawle 129 F.3d IR. HIY US. $09 C/973), Sol Fad. 99a Lea. S. g I a eae ome erie a / Johnson —v— ChAiaman mew York State Bonkd of els Min 2 Ge TAS OR Dee ee lo eG Aw —v_-Tbhnsew “7/9 Us, 1015 ee ot Nace yas yume 10 Bead Ford —v_- weinsteim 5/9 Kad. 7a Cca.¥./97974) ~ 10 ol flv. me Wounell .no0.73- 677 U.S. CI97Y2 — ~— II tld —v—- United Slates Bored of Farole 1974 .167 .u.s. b APP, Dic. Bee . SN F.2d 1276. 12176 i wiked state, ex. lel. Richetssn—v— rol. Sas F.2d ee ek Se. Pe a ea ee 2 suechino —v— DswAL/ .¥30 F.4d. Yo3 LcA. 2.1) - £3 Buetsn —v_Crcecone 4564 Fad 1392 Canes) 3. 45 BeV_V— Conn Boral! Dt Pare £ Parole 443 FId. i076 rn i ree a ras aa ere 1S piv — Awk: Kaceist Committee 24/ us. 123.71 5, ch. ES Re 2 By Ginette ees si pargee | oldbee 257 US, 254 .90.S.ct. 101.25 Libs . 2d RN ee ae eqearcraerr ReawKl in__v— Shields 3299 © Suff 2039 CitIsST— — kh ian y Webi fnl. alo us.4.4% Cast) — 19 Landman. v- Reieten 222 F.suff La! .bs2 CER. vA. 197/9.17 Coldsmith 290 us. 10:46 $.ck. als. 70 Led. 494267 1 torlLl wee 37% U.S, 96 .¢3 S.Ch 1I9S.10. LEd od. 29240%8.11 Shwe 3252S. 232.97 s.ck. 752 Abel Bd. 196 019571.17 Caasen —v— TAVLor foie ee ae mr ee Bava v— Alaska ‘tet i SOR eae ke Tn Re. Qe. nt. 96 CSolano County CalrfoewiA ine 4. i 1A De a ee iil ] rn we | ~ ese Vicks 9) Cal. . cer Cie ae Bowers_v— smith 253 F. Suf 1339 C0. ¢4.19709_ _ 29 CooleY¥_v- SiéLee 3%) fisuh 94) CO-mmn. C™® Drv ee a. ee Beier Stewrel, 31 Rsu 444 D0. minn. S Ov. 19990. 29 Cham hees_v_ mississifP 410 1.5. 284.302 £1979) __ _ 22 Coldbedt_v_ KellY 2 tus. 354.469 CGI _. . 23 Kous —v— Norlon Blo £.SufP nisi LV. Conv, (973) —_ ~ 23 Haeeis_v_ Pete 446 Fad. 2is CP Cre 97/7 _ _ 235 Pevell _v_ ke nmued¥__Us. at. Cisse trl OFRNiow ae SS a ee siddad ae. Ng — he. OMS 397 3. 1.5 Citiv7y i — = BA FeeeY Vv _ Sinden mann. 408 Us, SER bol __ 2Y mec hum— v—_~FFve. Wo. 75-259 us. £/9 ILD APS ei 2S miller Vv —Thwmey 499 F9d/I61,912. 2/3 — Hines v-Keenee 445.579 [1999 __ _s sl Graham—v- Richaedenw Yo3 Us 3BoS,374.9).5-C£ 1545 at . Ge ae Sas Aa — & Deng viwest VieGiia.dF Us. HY ,/23 C 189) #7 th be «abt hie Sh Ss, SW Cf Men). 27 Ghannis —U- ORdean 2345. 385 CIW/YD _ _ 29 Cousin. v- OLivee — No. 73-460. 8 L ECO VA. Dan. sce oe SO eaten Ba Bell tel Phone ey Bee lublic rides ioe : ok ake ce eee ee St CED)! = oe StawLev¥_v-Tllinsis 405 us. &YS.3! Ad. QI.551. 94 Fe a ae. a 27 Koskee —v — meGinnis 492 F.3d 195 Cera. 2.1897) D . 29 iiitif ow A | Switdach— v— Family fiwane CoeP, 29¢ lis, 337 Seeaetr ieagueal 27 Ste CFrse. Vw ar is The ‘luited Stale. Sufreme Court l | Q. BobbY Hhpalucies 29/0} id teek . Teo se ete: l\CAse poo. Mes. MAMie Keese « ChAie — WwoMAn— And. Mem ber ot | the tole Boned of Te! wart ot Cerkioraei To oe ae The ok? ste Do Kaa ree ee leas Court ol Dfieal. The Most HhrweAble Chief Justice —An/_ Assoc - iAte Sustices et the United Sha tec Suflreme. Cours ‘ Comes Nobdlw Pebrh, one Fev se Ky. Bobb y Hardie .el . And Res fecttully feay thak A wrk ot Cen bicene; issue to Revieros A Dud Gemenrd, Atud oP. INI oN of the Unihed State Lthh Cieeurk C ouat of Affeal., enteeed) ow maY 3, 1995 Atlaemink the decis fon ot te Lower Court 1 the Above WY A Ww VY 2 ee ae 5 pee — Vout chicken LE EW ol Reviews The Uni Led stolec Distatet Court ton the Noets - i (des tthe Cont lL ict thabk feecon k Ly exrsk bettvcc the FALLb Cireeurk And Lhe Pilih nb « ite the Secavd ueth, sSevewth , And the Aystect of Columbus Gra — rhs Court of Affeale . So tre As the due Feo Ss faotee bien that Shoul./ be AHoedlod A FRison- in Re ARs to A fAevle Peuceed inl , Reach such Roforkion Ais ta Circum vend the Stiedead bo be Afflied .se fre as the cue feocess Clause is Cyncerned_ OukinG A . ele Aine! feobnten Pinbs, As ofdeted unde thie couets Rulings to oekiss 6 Rison Y Now ‘5 Ale thal ant Sole Re fon 2evinl an ds a hin ® Ls i ins Rison, a = a -senteuvce. jhues me. ae wal A Ow AferL 17,1972 the United States Orstesck co- uet fore tHe southeam Dit of Gr . Aulrslar Drv. Reversed his CeiCiwal Sentence 7 with instr vietesons thal, Your Retilionee be erkhec ke tried Or Kelen- Sd tom Custal y cutth in six Month, Qv MpAech 13.1973. Some eiCht » wok. Six Ae Ehe Count ordered, months After te Abovemen - Eiowed orden, felitsonen was ttied foe tHe second me, + tSus Lime, however. he hrd been hastsLY . And tLlecrLly , Re indie teal wol onlY -fox the CRiGiwAL in — diclments bud he WwAs indicted cn date beand MCLE indictmenste AG Avast 4Wo of the CusTomes twho WAs itn Lhe bank ‘re 1969, Hue ven. this Time Hrrduick wars AGAin Convicled illeCally And sen, — Leneel ty two Lite hi: tux ten Wear sentence these fille the sentence: he Now Sekle, Heed rele Fiesl beame elGble for A fatole fv Qe 1996 He Luops denial fFatole mt thal Lime? ble became elibvble FGA‘ Dr Rec. S79 but AG Ain he LuPs denied Parle ¥: WY Y PR:on to Rac . 199% lhun Reb bi'sner LOR obe SeveeAl letters do the Gatlodends Av! ottee ollicial. of the State Bored of Parc An] FARole borne keAuecting that Lhey Allows him recess Lb the a. @ wok he would be Grawted on dicted A Paesta He Fuekhea Ref nes le./ thrd {aN ae app Grant bo him en but Kes Ponslents denie.Z/ ALL of his OW ok About AfaiL 19, 1997 Rediksoner Frle/ A iv. R io hb Col pind And Mobi'bno toe inured ye Re ret in the Ins. Ore. Couel foe The toedjen,, A)'sT. aA therein , not ad Loni ot Hp bens CoRPug§ bid. Rother . Tv Tinchy ve Relief LY ordeninl Lhe Rec _ Srdent tp Cortoem tp due Feocess in there Parole Feocess, Dw = OcT. 7/979 ; without A henriné OR A how CAuse okder, the Abovemen tioned PO'sTR ie. unt dicmreseal Hed wick CAse for FAiLure Te late a Claim wus iohich Relief caw fe GRAncxL ~ . tuheteuhr. he Filed Av APRal tp, th, Site - +02 “Tha “Lert Res PonsJen Tt LoR OE Handy, ck denya . 9 his = exhi bil ‘B" of Dee Rinitoaek Thal A ed to hic Briel jn, Ce Sh Crcyd. 4%. Seo HAtduk—v~ CAl dual »CIUL 6. 2929.05.0 GA 1992; 5. See habit Cec Athache/ heee Zo | lo. ODO a i _ b_ VY Y Circurt Couel of APeAl.. That cord AtLiame./ The Lowen Court And he Moved Luith the inesTALT AcT ior oe thes A evoen ble Court: Arlumert. Am AYH4ia C Rensons tor Gerawkinl, Lurie ot Cuarberani oe The deci sitw bY Lhe Cound belwe demovstenle's Lhe existence of An GvoRMous CO ontLred be tue Cireeurks As to the sladrad &A kh AfPLied , SO FAa As He due ocecs Cl Ause the lw- ited States Corstitubion, inv ReCrrd: tb A fhrole fRo_ Geeding is Condetued, AS +Ashiowed by bhis honworA- ca ae WY rd bd Couet in MORKRISS1e Y Vas Deus Rad 6 a GNon—vV_ Senefell; ahaa] Tw Shoe 4 the Above r Ssue fre sent’ the (ssve et thal slendaed is tb Le aAbPlied in ReGands tp A Pevelective™ i Arle fRocecds nl. Dnde ik i's tound thal he have: eAcned the £icht to fAweole Con ~ Side eakions. Thie honorAble Court , heretofore , laval= dd Ged wwith* ever feotessioval Ribivbanioss . the ReSol be ol LHe Comflicl in Le crecuits below As to whrd SLand red 1So FAR As dhe Peicecs s/c Con- derned , must be Afflie! ts Farle Considecak iow. Jo be sure see SeoT7—v— Kentucky Fae — ole Bonnd. No. 749-6438. Nov. 1976 Crus. SUPReme Cour _ _ RemArnded be Courk of Afferle toe Con - Sideantisw Of the Question of Mmos7Tnress ); Scarfa _v— United Slates VAcA bed And Rem Anckee toe Consider AL on otf MoeT- ness 414 U.S, G04 £19930. AsMisced As Fad . 792 Lean. §.1993): Dohuson —v— Chaieman oe. YoS Us, 471.92 s.c4 .2593 233 L.Ed. 9d. 4s¥ £1979) mew. Yl Us, 178 Pore! of Farle Y77 £.22d.-278 Moot, Sol — . Faaclee er we veiw Vork State Boned of fheole 500 Fad. Faslca. Dlee frd offew or Dlheos,” morrisseY Yos Us . ad 2). Vacated As Moot Sub. wom: KeGane ve Johnson BY"! SwPy ad ~ Revocation feoceedin£s chtee-— 419 US, lois EC 18949): Bradtoed— L— Wein STern 5/9 Bmine's tadhe thes hes Farolee coil] boo Free oR fpr F,24.92¢ Laan.¥. 1994) vacaled AS met 423 U.S Bfison A mrllern at obvious Creal Moment tp 149 L975). him moesessey sufeh. See . Alco wolt{ UL mt Row Even thouch this homoeAble cout have ot well .00.93-679 Us. C1979) Likewise “A Parole sfecificallY Altacke! Ard KeSolved te flesent Co feoceed inl clo tee mines whether the Prose hi ve. coal 3 mes Fay Rage iat re eee eee ae i ee er j in e e 2 Bweivstein SIV + 2d. 12%. Cen. 4.19747 4 have howmably And frol, ovALLy bkhac ke. d Mave hove ge er ciao 5 te This Court, Foathee Ruled in mokersseY SufeA hesol_ve J the mrtter ot due Peocess jn fAgole % Revocation PeoceedinL£s in sks Rulial in MM vee - thal A Phtole lors A Conditioval Likeet” sub - isseY__v- Brewen sSufen And Gabnwon-v— Scrarefhel/, at tp hut Peocess FacTachion: Lived Sine. suPen. Yerdworck feel’, , db beeaheite that the trl +hat this Court hrve established thrk A Prtole iksclt bots the fPevle Pevceedinl Ard the fAgvole evo- is RA A CondrLioval lLiberby ” the 9 vALUAkLe fan 2 BA. (PRocesdiné Ate Gtounled in the "indenecd* Memes of this Condibteonl Lilet’ mud. be eta Che tecl by the Cond rtiowal. Libkeety j A FARole ut VALewt Le the Lass imuolved in Fatole ReUocA - ollas theVY Ave insefaknble So tae As the Liow thal mandates due feocess FloTeckion Child. pheention OL the due feocess Clause Of Lhe mu ‘lithe! Shale . Fone! of Peeole . 1974. io? tenS IM? Ameniment to tHe Us. Conshtution.h be Be ap pe Lot + SI) Fad. 1270. 1295. Sure This cournl held im mMoeeisse¥Y subs Lhat In mortisse¥Y_vu— Brewer suka thi Courk nor Lhe fAkolee, in Revokinl his FaRole, may “be el thal “ 35% 1S % five!’ of only ‘Cocke ae ae ‘45% of All Preoles Are the Less, miLicks A‘ GRievpus Loss’ on the far- ey” Me my | an w Na Odds, he Retains A ConeinuinG interest Ih the ole re lense henecinls . theeetue. this Couel MmusT Hiioval issue OF che frocess A PPRole Fevceedin£. in thal, this Ques hi tn ex teemely im foelavt. IL's man rfesk imheTan fe 1S Diatactetile Ly CA) the VAsL Number ot Ar. ole Release decisions th aks M Ade eAch Vene:Ch) the im forLAnae ol each such ec ision to Lhe Ree Son attec-leal by sts And Cc) the extensive. U-LiGation , with VARY uC Resulks , ahich hrs devely- hed in the +tedeeal Courts. Comfare the insTanT CFse , Chere the +444 Ciecut Court of APReadc Puled thel Hrrduncl cvors not entitle! Lh he FRocess , wilh Lhe follow sal: Un ileal States ex. Rel , Richerson _V. Woltt .S25 F.2d. 797 Lea. 9.19 752 C due feoeess APPlres th the extent thal weik- $. Sea Alco Dushie lw ScolT v— K cky is evens verV elobuent dissent PAgole Bored el. AL. Sua. oo Vo Kked 4 suaely As LornG As A Phtolee frees Such aw che Peocecs At (Abo le Peoceed inks . ee & 2a A frele is A Condition al Liberty Refhesen taint, fai” jem Lenest the Lass _ bY A fo — sfechive frRolee. t: enTJoV would subtecd the Frosh. ec tive FArclee to sutter A Gr revousS Less, enrtr£lin the Frosfec bjue FAR olee dhe Process AL A Far ole fRoee~ edinGs betpre tha valua_ ble Liberty Cew be a him, 7 hh, Ww VV his Court feo fee LY hel. I MokResseV SUPRA theaL A fProle Was incleed ee Cond rLioval Lifa eoLly . Re foesentinsl AN ; interest i Sinta ‘ts - Abs bendy been decided thal A Faeole i's A Con- dikikcowal LiberLY Refeesentinl An inkeresd 'b mug Hollow that Lhe LasT, by wot bLeinl Gente the Richt ts endoY this Liberty,” subteck's Lhe Pro- Sfee-bive Farclee to the sAme dele; vatrorn As A PAcolee Who's Re-sent to feisonm And CA No Lonwben endo this Libeely, Thaite tone betore this ie eekly is akrused A foosfec hi ve Faevlee. he must be ACCokded due Ffeocess: To hold other. lise would be ty Create A dishinetiow Loo Geossl Y thin te stand ElLene An vl vsis : US. ex. Rel Dha- Sow —v— Chnieman 506 £.2d. 925. Y/%. Uns. sols 95. 8. CL. 986.49. L.Ed. a. AB. C/97I9): see Also Haymes. 595 F.2d S¥0C/97D). Th vs wot FAre bo ; AtLech Gneatee imfor-tavce te A Person's Juss ity AbLe ReliAnce thy Maiwtaivin his Conditirowal freech 3s ei to his mere exfectak/on oR hole ol Reecbm, ” BY_v_ Conn. Board ot Fhadow + fArole 443 Fad fore Len. 197/), be— Cruse the tacToe . As to tether Avy PeocedurernAl Y Y Robec-bion is Z due | de fends Orv cvhe ther To ted ly (dual will be Covdemned to Sutter A Grievous loss : Dore Ane _ Fascist Committee. 34/1 Us. 123 1 .S.c4. ba4.95 L.Ed. 917, see wlso GoldbeeG 37 us. 254.90 Sch. 1011.25 .L.E). 2d. 287. The denial Faz vle : usd, ss Viewed As A Geirevous Lass’ ee Stale Poacd et fArole 19974. 164. 1.5. APP D.c. RCS. Sil L.2dd 1Q2P0 ./278: See Also ten- w KLiv—v— Ohields 399 F. SuPP. 309 L I97s J The FPreole board hold the keY bbe Locks of the Paison G Ales. TL P7285 es Lhe Fovwen te Geark On len 2 Liiditioval L ‘boot? . Ty the exercise of ibs beord discretion ry MR kes Tud6emen& a ae Cleenin£ the ReAdiness ot An nu MPAbe. to ne ee | himselt in A MAwner ComPatille with the twe lL bein ol the Communi! And himéelf ot the Phe- phe boaed decition ts neCakive the PrisoneR iS ; defeireved of : Conditional LibeeLy” The Resulds of the be Aeds C XCRO ise ot Lis dis eretion 1S that Aw APPLic. Ant esther Sullers A GRievous loss 62 GRins Comditia al larg 5 > oe ' is ub dantial. The Pato Le ec iS/on ere — yg gg Guarded bY Minimum sta ndatok ot Oe. Roc ess of LAw eee ee Aid at the sAme Line 2 Naa? Nal Reflect the reed Of the froole Sistem bb Kn. Chia Consistently vurth 7 Rur Pose. Aiud Res fons i ben ee cS ae Pee oe Slate role Board o) e/ vhuently Shake! ny hrs dissent ey eAchum—v_ Fane ‘Nb. IS~ 25 us. C97 ™ Kea rary Fagole ~ merely Godt nnnl ; Anv/ it Nok swleceu PL the Stak, LeGal CusTod! on fheolee Theneforo in View of Lhe Fact Lped PAY srcrl Continemenl, LArch I's Le feoskective Fae. bles. in thie CAse Heeloicle . And Leal CUS Tool y r 0 — inte fh -Obe fuscess As in OV oltee Like Feoceedine. [Aue A" ("if geal er mace Xist wi febalL Cust, hence Acdup/ Contive- Th feeay_v_ Sider m Aan 708 US, S93. Lol b. see exhibid> 67-56 Cal = ek Birel =, — Court sRid thet A feeson's interest Try The | 5 Creu . TL 2 Ng ge Fei ay PL, bewell ic a ‘ frokeyV interest F52 due Reo “Tie mubu cally ax fLtest padets Tanai in Lbs CAse “ss AR 1S RL ‘el he Ab e td i? spa iu exhi bil "6 he ered hs pee, 2Y aii i WY Peobented Ritht. ReMAin . Be Auce MokResse/ Sufea ss iLed by te dc ticety om Lecuve t Arid Conditional Li bee Ly well ne the ity United Stale ex.rel. m, wor. WA, 913. See ] g. Geraham—v In Sociely, +b Refuines thal df . Bi gad substan tial cle Peivatisn ot the Liberly 6 ieee A due Relp/ fer Le inbene st ol the tudiviaual s * oF thal Suh stantal Se. Cmernt of cue Evtal SociehY, Refresenta/ by Mrrte's , Ke Quine'c thal MokkesseV he So Red,” Llee_v—TiwmeY 479 £. 94 Hatdi'cle cAwnod., theretwe, Le aefaiveld ol Hix LibenLly 07 ProferLy iwtesect. : sa seebinael ghee Peo — PY ae Sas Haines_v— koa rer WY 5. S79 (i972) — Richprdson 403 Ls. 3LS. 294. 9 S.ch 184¢ 241. 229d 53Y LIGUVI. Ane Us. ex. WA Nol NAR RoALY Lim : fai dive rAd l ne- ue Feve ecs PRe inmate 1A Ip ~ \nee/ / Ment , RursuAnd to Aonwvic tion. The de Pav ua kon ot the. Vanda Mental Re QU icite of due Phocess ot Libeely follow inl Ato Ad Jud rcatron ofl Guilt i's Prat ial . Not total . A Residuum ot Conmstrbu bron al. KellY 3271 Ls. D54- 264. ? ‘ "Tw Hon, Me. Wushre st Evens writkinl torn the MADLY te Citeurt itm Motlessey —p_ Bre wer Suen, ta ta he OPboa Luna Y to be hennd Z Gold Geal The tack that. Haekuiik js che a heard fo Sevents Jor to Re ¢ orden dew Verb Cr Geanvbnl him A fae. ole iS Auiethen Su PPpetedd iho Rha trceek UiaGsn- fa 129 4.5.4 193 CiesG). Tn te. Buttale 290nKe “Reel “oon BYY C1%5) Ped Geanars—_v— Otdern 224 .s.2eS fu Tan OWT - Ciely ), Cusins—L— OLiven .nwo-73- Ym R. LE... Jan, 19949.) in A Similan VAin esid thal “due troe Cess mMmeAnw thad Aw Adm ito igen hive. bly , Act- WG im AN Ad SudicatoeY Cafae:t¥ And About to embrel on A datiletin. , At oed to Persons ta be Atle. Ly the iM honsel inl decison , the ofP- ot kun bY fresenL PrnV mntktee Relevant ki ids delee munkiow ” See alse Bell “Tele fhowe—_v—~ fub_ en’ Lit Lites Commyn, ol Bhie Sol US. 279. Zoo. 304 C 1936] Shley_veLlLinors YoS US. 645 Bl Ed. Od. S6!1.98. 5.04. laos C1979799. soske —v—- McGinnis 742. €. od 198 C64. 8. @5l. wes bhava ~) f-See Also: Toint Anti Fascist RefuGes Comm. —v- Me — | Gerth 341.5, 123 16%. GaGnon wm encod y nstitutional 528 F.2d 1053. In order to show such a "grevious loss” plaintiff has the burden to show that he would have been released except for the faulty parole proceeding. The subjective expectation of parole or the belief that he would have had a "better chance" for parole are not so vested as to result in a “arievous loss" if denied by the parole board. Accordingly, defendants' motion to dismiss fcr failure to State a claim is hereby GRANTED. SO ORDERED, this Z day of October, 1977. 5 SSE le Pa Le * UNITED STATES DISTRICT JUDGE ee ee A jf if 7© ARV ~w/ IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT DO Kai PUBLISH NO. 77-3262 Summary Calendar* DR. BOBBY HARDWICK, Plaintiff-Appellant, versus MRS. MAMIE REESE, Chairwoman, ET AL., Defendants-Appellees. Appeal from the United States District Court for the Northern District of Georgia ( May 3, 1978 ) BEFORE BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges i/ See Local Rule 21. PER CURIAM: AFFIRMED. ~ *Rule 18, 5 Cir., see Isbell Enterprises, Inc. v. Citiz:ns Casualty Co. of New York, et al., 5 Cir. 1970, 431 F.2d 409 see N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir. 1970, 430 F.2d 966 7 Y/ United States Court of Appeals FIFTH CIRCUIT TEL S04~-569.6514 600 CAMP STREET OFFICE OF THE CLERK NEW ORLEANS. LA 70130 May 3, 1978 EDWARD W. WADSWORTH cCire« MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: No.77-3262 - HARDWICK VS, REESE ET AL, Dear Counsel: Enclosed is a copy of the Court's Rule 21 Decision this day rendered in the above case which has been entered as the judgment required by rule 36 of the Federal Rules of Appellate Procedure, Rules 39, 40 and 41, F.R.A.P., govern costs, petitions for rehearing and mandates, respectively. A petition for rehearing must be filed in the Clerk's Office within 14 days from S date, acing the petition in e ma on e ay w not su ce, Local Rule 15 provides that "A motion for a stay of the issuance of a mandate in a direct criminal appeal filed under F.R.A.P. Rule 41 shall not be granted simply upon request. Unless the petition sets forth good cause for stay or clearly demonstrates that a substantial question is to be presented to the Supreme Court, the motion shall be denied and the mandate thereafter issued forthwith," If you are court-appointed counsel, your attention is called to Local Rule 7 which provivies: "Appointed counsel shall, in the event of affirmance or other decision adverse to the party represented, promptly advise him in writing of his right to seek further review by the filing of a petition for writ of certiorari with the Supreme Court, and shall file such petition, if requested by such party in writing to do so." Very truly yours, EDWARD W. WADSWORTH, Clerk to be used for reargument of the issue previously presented or to " “ “attack the court's well settled summary calendar procedures. for rehearing are reviewed by panel members only. Four copies of all petitions for rehearing shall be filed. EXTRAORDINARY NATURE OF PETITIONS FOR REHEARING EN BANC A petition for rehearing en banc is an extraordinary procedure which is intended to bring to the attention of the entire court ee precedent-setting error of exceptional public importance or an opinion which directly conflicts with prior Supreme Court or Fifth Circuit precedent. Alleged errors in the determination of state law, or in the facts of the case (including sufficiency of the evidence), or error asserted in the misapplication of correct precedent to the facts of the case, are matters for panel rehearing but not for rehearing en banc. THE MOST ABUSED PREROGATIVE Petitions for rehearing en banc are the most abused prerogative of appellate advocates in the Fifth Circuit. While such petitions were filed in 15% of the cases decided by this circuit last year, less than 1% of the cases decided by the court are reheard en banc; and most of the rehearings granted resulted from a request for en banc reconsidera- tion by a judge of the court initiated independent of any petition. PETITION FOR REHEARING EN BANC Twenty-five eee of arent peettton Segeees tg rears en banc shall be filed. The tition shall co! a 1 no case refer to or adopt by reference any matter from other briefs or — motions in the case. The form and contents of the petition are set out in Local Rule 12(b). Under Fifth Circuit Local Rule 12, counsel are required to file a written statement setting forth why, in their studied profess)onal judgment, the case should be reheard en banc, listing either the Fifth Circuit or Supreme Court cases with which the decision conflicts or the questions of exceptional importance which would require en banc considera- tion. Therefore, unless these rigid standards of Federal Rule of Appellate Procedure 35 are met, the duty of counsel is fully discharged without the filing of such a petition. RESPONSE TO PETITIONS No response to a petition for rehearing or rehearing en banc should be filed unless requested by the court. TIME AND FORM--EXTENSIONS The petition (panel or en banc) must be filed within 14 days after the date of the opinion. Counsel should not request extensions of time except for the most compelling reasong. Printing delays will not be considered a sufficient reason, as clear and legible reproduced copies of typewritten petitions are authorized in the form prescribed by Rule 40(b) F.R.A.P. ANE mete + RULE 12. EN BANC Ww VA (a) Procedure. A Suggestion for a hearing or rehearing en banc may be made as provided in F.R.A.P. 35 and herein or by any judge of the court in active service on his own motion. The court en banc shall consist of all circuit judges in regular active service of the circuit. A circuit judge of the circuit who has retired from regular active service shall also be competent to sit as a judge of the court en banc in the rehearing of a case or con- troversy if that judge sat on the panel at the original hearing thereof. See also Fed. R. App. P. 35, 28 U.S.C. $46(c), and Allen v. Johnson, 391 F.2d 527 (Sth Cir. aJeays. tf rehearing en banc is granted, every Party shall furnish to the clerk 15 additional copies of every brief the party has previously filed. . (b) Form of Suggestion. Twenty-five copies of every petition suggesting rehearing en banc shall be filed. The petition shall be complete in it- self and shall in no case refer to or adopt by reference any matter from other briefs or motions in the case. It shall contain the following items, in order: (1) The certificate of interested persons required for briefs by Local Rule 13(£)(1); (2) Where the petitioner for rehearing en banc is represented by counsel, one or both of the following statements of counsel is applicable: I express a belief, based on a reasoned and studied professional judgment, that the panel decision is con- trary to the following decision(s) of the United States Court of Appeals for the Fifth Circuit {or the Supreme Court of the United States], and that consideration by the full court is necessary to secure and maintain uni- formity of decisions in this court: [citing specifically the case or cases] I express a belief, based on a reasoned and studied professional judgment, that this appeal involves one or more questions of exceptional importance: [set forth each question in one sentence] Attorney of record for Counsel are reminded that in every case the duty of counsel is fully discharged without filing a suggestion for rehearing en banc unless the case meets the rigid standards of F.R.A.P. 35(a). (3) Table of contents and citations; (4) A statement of the issue Or issues asserted to merit en banc consideration. It will rarely occur that these will be the same as those appropriate for panel rehearing. A petition for rehear- ing en banc is an extraordinary procedure which is intended to bring to the attention of the entire court a precedent-setting error of exceptional public importance or an opinion which directly conflicts with prior Supreme Court or Fifth Circuit precedent. Alleged errors in the determination of state law, cr in the facts of the case (including sufficiency of the evidence), or error asserted in the misapplication of correct precedent to the facts of the case, are matters for panel rehearing but not for rehearing ea banc; (5) A statement of the course of Proceedings and disposition of the case; (6) A statement of any facts necessary to the argument oi the issues; (7) Argument and authorities. These shall concern only the issues required by paragraph (4) hereof and shall address specifically, mot only their merit, but why they are contended to be worthy of en banc consideration: 7 we ew - we —_—_ a : J. O. Partain, Jr. Chawman Member Joseph G. Maddox Member ROOM 610 : 800 PEACHTREE STREET Mrs. Mamie B. Reese ATLANTA, GEORGIA 30208 Member James T. Morris Member February 11, 1976 Ars. Jill Elliott Attorney at Law Blanton & Fudge 2200 Century Parkway Atlanta N.E., Georgia 30345 Dear Mrs. Elliott: As you requested, I have reviewed Bobby Hardwick's case in order to respond to your questions regarding his status and the possibility of any consideration for release at this time. Our records show that Mr. Hardwick was sentenced in Richmond County, Georgia on January 8, 1970 to serve life and ten years consecutive for Armed Robbery and Aggravated Assault. “In I973 he receiyed two more life sentences bs ng ; Ty: wces for aggravated assault, all OL utd to each other and consecutive to the previous sentences. Even with these con D e sentences, Mr. Qre ~Hardwick must be reviewed for parole (according to Georgia aS law) after serving seven years in confinement. wet His first life sentence was computed from December 30, 1969; therefore, he is to be considered for parole during December 1976. Since he is serving a life sentence, Mr. Hardwick does not earn good time credit, and he does not have a discharge date. If he is ever released, it must be granted by this Board (or Court action). A review of the facts surrounding Mr. Hardwick's case did not indicate that any basis for exceptional consideration exists. fhe Board does not alter the parole eligibility date, which is set by law, except under very unusuel circumstances when the Board is convinced that a serious miscarriage of justice has occurred. There is no indication that this occurred in Mr. Hardwick's case. Cont/d. ee _— See eee = . “yy rere Cont/d... Ars. Jill Elliott ' Attorney at Law Blanton & Fudge 2200 Century Parkway Atlanta, N.E., Georgia 30345 al . Ir. ‘Hard ck a ll ’ mature of his current off enses, and hi are among the factors that will be janndae ee see Lar + Robertson Haworth Executive Officer Sincerely, JRE :ehp —o_ see y — — einen eRAEReeEEE ie — >: patton Deeeemnemena " - “eae ras, “a +t Dates ob eel iether. Xe tel nevne e's “4 ‘hee ~ a, WS | | Cont/d. ee Mrs. Jill Elliott ' : Attorney at Law Blanton & Fudge Ceci C. McCall 2200 Century Parkway Chairmen Atlanta, N.E., Georgia 30345 J. O. Partain, Jr. Member Mrs. Mamie B. Reese * Member ROOM 610 . ; ; James T. Morris The Parole Board is required by law, to consider Mr. Hardwick | Png henge Lyd ++ Ache for parole in December 1976. It is not necessary that he apply eed 11, 1976 : for this consideration or than anyone else apply in his behalf. ! Fic dE. Bust ’ — When the Board reviews Mr. ‘Hardwick's case, all information : fe S 6 available will be considered. #is prior criminal record, the ; 7*?. 7 le NLA. mature of his current offenses, and his record during incarceration pl are among the factors that will be considered. ° Mr. Bobby Hardwick, D-2210 H-3-44. Georgia Diagnostic and ’ Classification Center Sincerely, Post Office Box 3877 Jackson, Georgia 30233 } for Dear Mr. Hardwick: . Robertson Haworth . I received your letter regarding your sentences. When I re- Executive Officer checked your record, I found that you are correct in that ) the original convictions were overturned and you were later i resentenced on the same cases. Our records do show that you ‘ are serving for only two cases of aggravated assault and two cases of armed robbery as you stated in your letter. JRE: ehp _—- Sincerely, f= gi obertson HaWorth ~ Lxecutive Officer ee oe —" JRH:dsm tae Evhibé - 6 . ee ee me * a , a flLawwtd | arate) ay. ee Mernheus eAiwwl beluc fe uv ’ To LAdi b. 4 The United slates Cour ot at lerLs | 40) Civeuid — a Me. Bubby tlavclincl we BD 22 2 . Riise Cre numbe. 12-3 Ll 2 lun te is ip, MNane Reese - Cha. - Wor of eg Al louse bis evle. Aw ePaper ae Ceiott..—— As ust Cause foe Lhe aise Ke tw pi. a ere Numexkous bther—el—kazomme: lad, uss fIS [Ae 7a fl. A Fel, oe Sil nrGel b / ovée one hiurocke. a. Li zeus AuGus ay ( wheveuw, dha Ake d low Ue ReLense ot PLA. ity / { Ov F, Mole. Sv sl of oue AiKAY rt evelence j bis Shaw how Plawt+H have been Kehabil, Loled, Lhe Kool, bisd Cubs stalec! » Wm Wo UneedtAin Le«ms F ‘Lh, it Lhat have CAused him Lo Miss Prv le, Ftc LAit rub Pesbably Cause hin ES peubiace Lo MisS sie Pru dc , is his Conbnsied Filind " cuk b's iw Cy. Heke r Aid , heii Jeebul Lhal Maiwkdt iS Low smAct Se Ink As lYnnwlecl 6e . te ee ee ee ee ny ‘e ‘ Mu. S. v. Vn. Law viasho is Also A Membe, ron) 4 Je wd bop, urit so Ink As -L sony LArté , the (re de Boned Luere ‘ie Relense Thain Ade Mel a Gul F) Tob he, CLaiwtel tovule be tellin Aw ak ten le ee De in, A mauler of wane —. Thil rd Ve hive led Res Pissidbiscdls Cv ASS - = Lh Flewdst had Not been Kehiabil, dbrleel — at he F if LL “SE d, Loolel be A Liven ty Sie ely Ther. irc tid, wal Obse ss: on tWAs Otv AL Av sk, [+ Lint Lok, L. And Lhe Lnaatht Lhal Elaivell Luns 1 Me Kroow cf nll. Th: lin mor 1978 re aa Ye pe Bs YareNY, For: cK ree AAAI / x 2000 NM ty ik A bebe de / Here CUOle | Dele Ly wel subse, bed er Mp pe libel iy ne hs 4 CoMM Sign ealive ee expics Nox. 13,388 Aluwe Ol Wolaay- ens ae ar | 7 7 weer we we we eee OUR 15S2ND YEAK—NO. 37 MACON, GEUKUIA, MUNVAT MURINIIWU, § CE ene 6 uy cere * Holl-Hole’ Ruling: Prison Reform To Follow? By SHERRY HOWARD Tetegrash Staff Writer Bohby Hardwick dubbed the H- House a “hell hole.” Loon urnving at the disciplinary wing at the Georgia Diagnostic and Classification Center im Jackson, Hardwick came face to face with “what he later described as “the most cruel and unusual extreme maximum ywcunty ever conceived by any giate thoaates were shipd to the H- 1, without a hearing, Hardwick said. Some of their mail was opened. Their books and magazines were cen- sored. They were subjected to strip searches and were kept at bay with stun guns. H-House was cruel and unusual punishment, Hardwick wrote a feder- al judge in Macon. Hardwick ts serv- ing time for armed robbery. U.S. District Judge Wilbur D. Owens Jr subsequently agreed. More than three years after Hardwick filed a $10 million suit against the state, Owens recently issued @ decision that could reach far beyond the prison sys tem in Georgia. , “This is first decision in the country that says this kind of behav- tor modification program 1s unconstt- tutional,” said Thomas West, an At- lanta attomey who argued the Jack- son case for the American Civil Lib erties Union. “The H House is no longer a dump ing ground for people the system doesn't like,” West said. The ruling sets up a “kind of due process proce- dure.” THAT DUE PROCESS procedure translates into a hearing to which all prisoners are entitied before they're sent to the diagnostic center, a 1,- 1%}man maximum security prison about 40 miles north of Macon The Jackson prison pnmarily fun- nels inmates to other penal institu- tions in Georgia. The H-House 1s the state's prison inside a pnson. Here inmates from throughout Georgia, but mostly from the state prison in Reidsville, are sent 48 punishment for viol.ting pmson © From Page u ) judge's order. They directed inquines to the state law office. OWENS ORDERED that prisoners not be locked away in H-House with- out a hearing, in contradiction to a U.S. Supreme Court ruling that prison officials don't have to give a reason for transferring prisoners between prisons, West noted. The judge ruled that “H-House just isn’t another prison. The courts look at exactly what they are doing with them in H-House.” What the state was doing, Hard- wick and other Jackson inmates said in suits filed in federal court, was placing them into the H-House for in- definite periods. In most cases prison — decided if they should be re- “You cannot put someone in prison under complete control of prison offi- cials without doing damage to the prisoner and prison officials,” said Robert Goldberg, an Atlanta attorney who assisted West. “The damage to the prisoner is that his life is controlled by someone else. You can't give that much power to anybody.” Goldberg noted that even prison ounselors testified that ¢ were Owens said prisoners were not told how they could be released from the disciplinary wing and some stayed there for years. recommended for transfer were sometimes rejected by wardens in the state who would not accept them imto their prisons. The prisoners in H-House com- plained about the catwalk (@ square porthole covered with metal grates used by officials to watch and com- municate with inmates), tight secur- ity and the use of stun guns, hand- Officials used stun aimed at inmates’ heads, to e them into performing some small task, Hard- wick wrote to the judge. OWENS ORDERED the state to close the catwalk, increase the per ods of exercise for prisoners and limit the use of debilitating devices. “Jackson was a subtle kind of cruelty,” Goldberg said. “Reidsville is a lot more openly racist and a lot more brutal im a real cruel sort of way. “We didn't show many beatings (at the Jackson center). They put people into cells and (left) them there.” Dr. Richard Kom, &@ penoiogigt from New Jersey, whose testimony Owens quoted several times in his or- der, warned Georgia prison officials against such segregation units as the _ cuffs and strip searches. rules and for disciplinary reasons The H- House, Owens said, ap proached solitary confinement Operation of the disciplinary wing, the federal judcee wrote, wis in vie’. tion of the inv COM it ter th rights He orders: .e State Tle ment of Offender Fehahil atiwn to correct the probe i5 and submit a plan to fed al court within W days. The state.’ tment dened che in- mates’ char: - “hroughout the case. The state nevvrst ina brief filed in fed- eral court thal the “segregation unit™ ad ~~ “The H-House.” he testified, “was slowly making people psychologically Gehumanized and essentially de stroyed.” Korn talked to at least six H-House inmates He also testified that he found a rare talent in Hardwick, whom Gold- berg noted had “saved himself” by becoming a lawyer for the other. pns- oners. Hardwick, diagnosed as delusional. schizophrenic and paranoid, spends a large part of his time im his H-House cell wnting wmts, Goldberg said. A 7-foot high pile of law documents crowd the cell, West noted. Hardwick has on occasion, asked to remain in the disciplinary wing “He built his world im the H- House,” West observed. OWENS ALSO ordered the siate to refram from censoring inmates’ out- going non-privileged mail just be Cause someone personally objected to what “as contained in it. Prison officials must no longer cen- sor books and magazines personally offensive or thflammatory to them, the judge ruled. Visitation privileges for inmates, Owens said, must be advantageous to prisoners and not officials. The judge also ordered that law hbranes be es- hehe was used “ne to rehabilitate but to take away from the general pepula- tion dangerous, assaultive irmates.” A spokesman for the state's law de cuerteviert sot Mee pide sf? BUS oder a toe He sanf the State Wie mPa pas have ; an apprus Serrin wf : The com: wvet of es ~ partment of Corie et vo. i ve ans, and Preivet Oe ie MOSIIC Cenier wont | a (See Judge, Page SA) — Judge Lowers Boom On State ‘Hiell-Hole’ fie Le Ge = = i Ea- be 2.3% =x pet) 3 eee 28553 Eg ® =ok Sessa es = f asf: gttiod te em sxe eS 8: mS 2 lig leit & = ae3 Ss. ooo ge gPgied? Pee ko 2 e4ZEs of ; = = g eas. sae _ 7ieptni Ss * A lit Feb EO «5 f+ + fa } 82 4 wa” mal a: spital - mts lamilar with the bn Po Bes, fon CW. Jones a wn : Contineed trom Page 1-¢ —Prison— eile That means all ' & bearing before oon are entitled to * Genter, a 1,100-man mace”, M diagnostic Judge Owens noted that ~ about 40 maximum not told how Prisoners were 7 0 mes north of Macon." PPSOR—dlsciplinary wing and ‘sre’ used (0m the 1 mates to ane Prison primarily funnels jy. OAs. Those recommended for iranin’ taor meme” Roi ea ees meats om Gute George Set yg ted sen ft Sind at Ar Bat 8 panshmen or mse re, ll ak Hn etm rier soe tie fcoinry neat Me™ Ones weet arene ee play concen Said, approached periods of exercise for prisoners and nt ne 4 federal judge wen’ gs*iPlinary wing. the Dr. Richard Korn a 3 lamates’ cons rote, was in violation of the from New Jersey an expert penalogist ed coestitutvonat rights. several times in ney Owens state noted in a brief mat charges. tion units oficial againat sack " the “segregation ume” 1s eral “The H-Hew tome. eo “Bot to rehabilitate but unit” was used H-House,” he testified, at be to tte away fet MUMOE people poyencnpc gc mtr A spokesman for the state's law from abe the state to refrain ot. se nae tee tne cn a gt ‘ art Sane ue state wil aaa = Prises phony oe = te ~~ dt = aoe days. 7 peed Maganines personaily offensive : Hi t Band, .. Lepart- Ory to them, the et Heal a te dase fea 24 al mt ge PERS fo anaes, Oweny rad ihe, Sedee’s order. They directed it Dot officials. The jo Ren '© Prisoners and Bale law olfices. in libraries be eatabiokeg 20 éered that law yy Prisons, several Georgia F irs. — B. Reese on) Partai irman fia : ~ 4 / iss /e2 Cecit C. McCall E Member scoreteenecerncer — JH po ae | a+ __ ATLANTA, GEORGIA 20208 Z Jommes_ T. Mort lous. ’ 4 7 January hs) 1977 ast Mr. Bobby Hardwick D : James T. Morris ‘ rR erry Grace Wilkey Thomas Chairman 7 7 Member | woe GEORGIA FEDERAL SAVINGS BUILDING ‘ % BR i. 20 MARIETTA STREET NW OOM 610 | os y) #00 PEACHTREE STREET Mobley Howell | > 4 GRACE WILKEY THOMAS. ATTORNEY Feb. 21. 1978 ATLANTA GEORGIA 30303 , ATLANTA. GEORGIA 30308 Member | = ? > Mrs. Mamie B. Reese Dr. Bobby Hardwick #D2210 December 14, 1977 Member Georgia Diagnostic & Classification Center , P. O. Box 3877 #B-75 Floyd E. Busbee Jackson, Georgia 30233 Member Re: Parole Board Hearing Dear Dr. Hardwick: Mr. Bobby Hardwick D=-2210 % WARDEN Georgia Diagnostic & Classification Center Jackson, Georgia You will be glad to know that we did have the hearing before the Parole Board today. Appearing in your behalf, in addition to your attorney, were your mother, your wife, daughter and sister. Dear Mr. Hardwick: All of them spoke eleoquently in your behalf as did your attorney. It was a FULL BOARD HEARING. We introduced various documents in your behalf, including a letter to the Board from Dr. Yost and a letter from your representative there at the Diagnostic Center. Your friend, Rev. S. T. Willingham was supposed to have appeared at the hearing, however, he did not make it. He called this afternoon after I had returned to my office. He said that he was going over to the Board and talk with the Board inasmuch as Tues- day is regular meeting day. One can not have a full hearing without arranging it in advance. Recently your case was thoroughly reviewed for parole on its merit in accordance with Georgia law, and you were not among those granted parole at this time. Your case has been set for reconsideration in December of 1978. Factors which contributed in the Board's decision are your circumstance and nature of offense, pattern of criminal behavior, and institutional disciplinary record. I certainly wish that someone QYldagpd would pay me for all the work I am having to do on w @ special ellort to obey ALL rules such as not having Your record indicates you have made little effort to improve yourself. We realize your institution may not have all the programs to help you with your particular needs and it is recommended you consult your our possession, as a prisoner has ver and you just hove to knuckle down and be meek and mild > 7) — & u counselor or other ree da yn oe help = oe gerne seg tony & z ° s our feeling you ne © par pel any Mage te 325 a of the men who discipline you and who are your superiors down the future. S23 there. You have a degree in psychology and I would suggest that sincerely, ,uus bend is the time to put it to good use. Regardless of whether you like any of your superiors, just make a special effort to find FOR 3 ~ something good in each of them and make it a point to get along with them, nor matter how hard it is. Now is the time to evince ower HUMILTY and don't be a "know it all" as these men probably already . r ‘ resent you %efore you are smarter than some of them. This was M. G. Thompson, Supervisor discussed at the Board Hearing. Dr. Partain seemed to feel that Disposition Unit this would be very difficult for you because you are naturally a person with a lot of ability. However, it was brought out that you MGT/bf ad were convicted of having a yun in this armed robbery aid the ce Warden citizens of Augusta have been trying to get legislation passed to - Correctional Counselor prevent paroles altogether in such cases. Although, they ayreed Parole Supervisor that you_have every right to kecp filing writs, they eyjneed dis- File leasure with the face that you continue to file writs. They are oa PS ae Sa eee ech ey ; eee ; BAERS j BE 1S*SEL VP HG ak TKATEMEBE: yotour wife told chem that your yaaa Ayunoes aiam sourresew stm jew sep Vseunde 29H Il?H> ha aaah TA ET comer at wena « — IIA peoidsap smI0joy UOStd xd f he 4 \ vey [sr es V9 ——— f ii i i i IF PRE.Y*_E2S_Ep 2uw> ik 2 i ; 4 i [ iH ? i ? Hi : ui : Hl fi & 3 “< EE - Parole Board Basics STATE BOARD OF PARDONS AND PAROLES «A . 800 Peachtree Street, NE., Room 610, Atlanta, Georgia 30308, Telephone: (404) 894-5360 Fundamentals The State Board of Pardons and Paroles is composed of five members appointed by the Governor for seven-year terms subject to confirma tion by the State Senate. Fach year the Board elects one of its members to erve as chairman, The Board was established in 1943 by an amendment to the Georgia Constitution and functions as part of the Executive Branch of State government. The Board is attached. for the pur pose of recetving administrative support, to the Department of Offender Rehabilitation but per- | foams its duties independently of that Department. Rule-Making Authority The Board may at any time adopt rules not in consustent with the law. Representation by Attorneys Representation by an attorney is not necessary for any type of clemency consideration. Considers tion for several types of clemency is automaty, and application for the other types ts casy. Board procedures are not too formal or comple. for the average person to understand. The deciion | whether to employ an attomey & 2 personal decision by the offender, ¢x-offender. of anyone acting in his behalf. Only lxensed attorneys who are active members, in good standing, of the State Bar of Georgia may appear before the Board for a fee, | The Board may require any attorney representing a | person before the Board to file a sworn statement a to whether he t recerving a fee. A member of the Georgia General Assembly or | other elected of appointed State official may not charge a fee for appearing before the Board regardless of whether he ts an attorney. Written Communication Preferred The Board greatly prefers receiving written | communication on a cave rather than oral com |munkation wo that sah communkation may teadily be made a permanent past of the caw file, Confidentiality of Records All information, both oral and written, recened by the Board in the periormame of ity duty and whah no not publa record chewherc and was not obtamed in a pullx Board bearing yc laiticd a contwicatial State secret unlew declawitwd by frewution of the Board. ( ontidential miormation ma tudes tnwestigetiwe and superiors reports and recommendation tor and against chem my). Majority Vote Decides Clemency A dxviem to grant any type of chlememy 1 by majority vole CMC ept tn cme westame. A aranimeus vote ® Accemary to change @ death wnteme to any theng other than bic mmprewnment Acceptance of Conditions in Writing An vomate 6 tetermed of theo cmmeliteonn of hs parole, reprieve. of other conditional clomen y and must acept all conditions by vagning the clemency daument beta the clememy etl become othe. te, Withdrawal of Grant of Clemency The Board teowrves the apht te wethdieaw the grant of amy fom of chomoms pre te the offer tree hate oho tts dix retin, ot believes « ithdrawal ter he pastelard, Probation Is Not Parole Probate «met an atiot the State Bead of Pardeus and Parodies, Profation 6 an act of a court, Probation ® not parole, Parke: may be granted by the Paroke Hoard atten a perenne has setwed part of be wrtome in preen. Prebatew tevteal of an Ss hihil PAROLE ELIGIBILITY SCHEDULE _ 4 FELONY Parot Sentence Length thigitehty In Years Time SOs oi6c a vee ces ete Imo. F'' Mis 64.4 aha.s'e bk ee 10 mo. .* Daweh & ad mne ee oe I yr. , Debs kaha eons eens lyr. 2 mo. om ss. 0e ene be 6 eee lyr. 4 mo. Ghccesehacécesaar tyr. 6 mo. hee re Tee ou eos lyr. Smo. OS cake 0006 hae eae ee lyr. T 64 eee ein ais ec 2yr. 4 mo. Os ivsitae sees mune 2yr. Smo. © wba e pie mete 3 yr. WD Awck sat eceeweeae 3yr. 4mo. Se isk wks bee _3yr. 8 mo. me sedatdauencun een 4yr. oe We kn ctu ees s kine 4yr. 4mo. | eee err eben 4yr. 8 mo. | PR See a peo S$ yr. : ae scak’ we .6yr. 8 mo, iy herr a Tyr Ss Sree ere eer Tyr MISDEMEANOR Parole Sentence | ength Plagibalaty in Months Time Sees oo as.sece as 6 mo. oP -nd wee was se eon & mo. 10 da. ye rea a er 6 mo, 20 da. Be wees &% Gk Oe 7 mo. Oe 6:6. cetk mak’ eee 7? mo, 10 da ae 6k Wa ws 4h oe eee Se 7 mo. 20 da 24 ‘ou nrmecuyrevlt.weey. 8 mo ie «ee.b ate bel Waretee 10 mo. De alee Vik Ws. ene ae 1? mo. SPP ee rors oe 14 mo. QD wnedécoveseaeee 16 mo. _ Tere rey cea 18 mo. GB a stubeiaesused 20 mo. The Board « required by Georgia law to comsaler inmates tor parok according to thes chgibility whedule, Ehgrbility and con valeration de net imply that parole will or will not be granted, prisonment may be ordered by a court for all or part of a person's sentence. < Both a probationer and a paroles are under supervision and must obcy certain conditions, . which, if violated, may lead to revexation, The Parole Board may revoke parole. The wntcncing court whieh ordered a person placed on probation i the only agency which may revoke that probation, Questions about a person's probated sentencs -should be directed to the sentencing court. ‘Good Time The State Board of Pardons and Paroles dées not administer the system of crediting good tune to an inmate's sentence for good behavior in prison, Only the Department of Offender Rehabil tation may credit, remove, and restore good time earned in prison, A person released on parole may continus to carn good time for good behaswr at the same rate possible to a prison inmate. The Parole Board » “authorized to withhold of revoke in ahole of in part any such good time allowances, Parole Parok is the dreretionary rehkaw of an of- fender from confinement, after he has wrved part of his sentence, under continue State custody and wpervnion and under conditions which, if violated, permit his remmpreonment. In Georngta, State and county inmates may be eranted parole only by the State Board of Pardons and Paroles. Parole Consideration An inmate serving a State felony of Mots miademeanor wntence in the custaly of tte Department of Offender Rehabilitatwn tw auto matwally consiiered for parole when he meets tme-wrved requirements, No appln ation its mv eoemary, An inmate stving 4 6ounty Mmicmesnor sentence is considered for parole when he meets tome served requirements tf he has requested (on- sale ration, The Board will consider an mmate tor parole teeatdles of appeah of other kgal action by the mmate of his repreentatne othe mmate meets tune-served requirement. Tt the offender, ame sooetwing fe. current sentence, bas not at any time cu okly of the Department of Oftender . he must request patok comadere cntomwe Rehalebhtat: tne. A nquest toe park Comedierateen ma be om amy written borne amd mest (ete mane ander whah the mmate was comntiod. plac where et SL ee va thet, aed hengtoast of womtemetsl Phe nga showhi be subot tod at least tows meontin beter the mmate meet time wned equacewnts te allow cough tame boo neces eesti ations The Board generally does mot onseter panoling an ottomber soreing a Goren wertome me cutenty at an outed State of Dedtenal prec on ata mental henpital when Lavonathe as thee ot the Heard would met reolt om the peftemlens tela fron cot terete ret, ae. ee eee --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385005_1271%3A1. Public record. Not legal advice.