Jack Lincoln VS Louisiana Board of Parole, Department of Corrections
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0040 JACK LINCOLN VERSUS LOUISIANA PAROLE BOARD DEPARTMENT OF CORRECTIONS Judgment rendered November 2 2007 Appealed from the 19th Judicial District Court in and for the Parish of East Baton Rouge Louisiana Trial Court No 507 875 Honorable Kay Bates Judge JACK LINCOLN PLAINTIFF APPELLANT JACKSON LA IN PROPER PERSON WILLIAM KLINE ATTORNEY FOR BATON ROUGE DEFENDANT APPELLEE LA LOUISIANA DEPARTMENT OF CORRECTIONS BEfORE CARTER C J C UJJ PETTIGREW AND WELCH JJ PETTIGREW J In this case petitioner inmate in the an custody of the Department of Public Safety and Corrections filed suit challenging his parole revocation by the Louisiana State Parole Board Following a de including the traversal by review of the record herein novo petitioner and the Commissioner s Report the trial court maintained the decision of the review thorough Morrissey Madison of the Brewer v Ward v record 408 and s U can be relevant 471 2000 2842 There controlling 1 dismissing petitioner s suit with prejudice Parole Board La 1 appeal followed jurisprudence 92 S Ct App This 2593 33 find the L Ed 2d 484 825 So 2d 7 3 02 Cir we After a of cases 1972 1245 and to be appeal of decisions of the Parole Board unless the no procedural due process protections specifically afforded by the hearing provisions of La s R 15 574 9 Petitioner alleges Accordingly of are we violated 2 such violations no affirm the trial court s Appeal Rule 2 16 2A 5 assessed 2000 2842 at 5 Madison 6 Thus the trial court judgment s 7 n 825 So 2d at 1250 7 n was legally correct judgment in accordance with Uniform Rules Courts 7 and 8 All costs associated with this appeal are against petitioner Jack Lincoln AFFIRMED 1 We note parole judgment 2 that this is the second time did the commissioner as revocation In 2003 rendered on July he filed A When a identical suit which petitioner was has attempted also dismissed by to challenge parolee provides in pertinent part has been returned to the as follows physical custody of the Department of a hearing and Corrections office of corrections services the board shall hold Safety to determine whether his parole the parolee writing by prerevocation proceeding in not waived the parolee should be revoked unless said A waiver shall constitute an and result in immediate revocation shall be permitted hearing is expressly admission of the waived findings of the hearing is If the revocation to consult with and be advised and represented appointed under the provisions of R S 15 149 At the hearing the parolee may admit deny or explain the violation charged and he may present proof including affidavits and other evidence in support of his contentions Upon request of the parolee the parole board may postpone the rendering of its decision for a final specified reasonable time pending receipt of further information necessary to a by his own legal counselor legal counsel determination B a of his 1 The board may order revocation of parole upon a determination that parolee has failed without a satisfactory excuse to comply with a condition The parole b misconduct misconduct and involves the commission of another felony or or a substantial risk that the parolee will commit another felony conditions of that the parolee is unwilling to comply with proper The violation of condition including indicating parole 2 his the trial court in 8 2003 Louisiana Revised Statutes 15 574 9 Public an a
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