Leavitt v. CravenAnnotate this Case
Petitioner Richard Leavitt petitioned the Supreme Court for a writ of mandamus to direct the Commission of Pardons and Parole (Commission) to schedule a full hearing on his petition for commutation and comply with its rules for such a hearing by publishing notice of the time and place of the hearing in a newspaper of general circulation at least once per week for four weeks prior to the hearing. After the Supreme Court affirmed the issuance of Petitioner's death warrant, the Commission denied Petitioner's request for a hearing. Petitioner asked the Supreme Court to set a date for a hearing wherein the Commission must show cause why a full hearing should not be conducted; if granted, the hearing would effectively stay his execution. Upon review, the Supreme Court concluded that the Commission was not required to grant Petitioner a full, open hearing regarding his commutation petition. Furthermore, Petitioner did not demonstrate that his request for the writ of mandamus or alternative writ should have issued. Accordingly, the Court denied Petitioner's requests.