Thomas v. Sibbett

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Gordon W. Thomas,
Petitioner and Appellant,

v.

Michael R. Sibbett, Board of Pardons,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990227-CA

F I L E D
May 13, 1999 1999 UT App 163 -----

Third District, Salt Lake Department
The Honorable Leon A. Dever

Attorneys:
Gordon W. Thomas, Draper, Appellant Pro Se

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Before Judges Wilkins, Davis, and Jackson.

PER CURIAM:

To be successful with his petition for extraordinary relief, Thomas had to prove that the Board of Pardons "exceeded its jurisdiction or failed to perform an act required by constitutional or statutory law." Utah R. Civ. P. 65B(d)(2)(D). He failed to do this.

The Board of Pardons merely stated that it would consider an earlier rehearing date if Thomas participates in sex offender therapy which it apparently did. The Board did not promise that it would give Thomas a rehearing date before August 2000 as he claims. Thus, we cannot conclude that the Board violated Utah R. Civ. P. 65B(d).

Likewise, we reject Thomas's claims that the Board acted without a majority and that it should have kept a record of its deliberations. As stated in the August 20, 1996, order, Don Blanchard, a Board member, signed "on behalf of the State of Utah, Board of Pardons." Thus, he was acting on behalf of the Board and not alone as Thomas suggests. Second, Thomas fails to cite to any statute or rule which would require the Board to record its deliberations and we are unaware of any such requirement. The August 20, 1996, decision was the memorialization of the Board's deliberations.

Accordingly, the trial court's dismissal of Thomas's petition for extraordinary relief is affirmed.
 
 

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Michael J. Wilkins,
Presiding Judge
 
 

______________________________
James Z. Davis, Judge
 
 

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Norman H. Jackson, Judge