Robert Maxwell Kelch v. Director, Nevada Department of Prisons, and Ron Angelone

Good Law
10 F.3d 684·93 Daily Journal DAR 15096·1993 WL 492354·1993 U.S. App. LEXIS 31138·93 Cal. Daily Op. Serv. 8819
United States Court of Appeals for the Ninth CircuitDecember 1, 199393-15081California3,477 words

Opinion

Opinion

Thompson, J.

This is an appeal from the district court’s denial of a petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 (1988). We have jurisdiction under 28 U.S.C. § 1291 (1988), and we affirm. We hold that the Nevada Board of Pardons Commissioners (“the Board”) did not deny Robert Maxwell Kelch, a Nevada state prisoner, substantive due process under the Fourteenth Amendment when it rescinded its earlier commutation of his sentence.

FACTS

In 1985, Kelch pleaded guilty to second degree murder of his wife. The trial court sentenced him to twenty years in prison, the maximum penalty for this offense under Nevada law. After he had served two years, he applied .to the Nevada Board of Pardons Commissioners for a pardon or commutation of his sentence. At the request of Kelch’s attorney, a Board member scheduled a hearing for May 12, 1987. Although notice was sent to the district attorney one day after the hearing was scheduled, the chosen date gave the district attorney only twelve days notice of the hearing, instead of the thirty days prescribed by statute. No Board member made an explicit determination that there was “good cause” to reduce the notice period.

At the May 12, 1987…

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