No. 21-6479

Earnest Lee Langston v. Don Phillips, Chairman, Missouri Board of Probation and Parole

Lower Court: Missouri
Docketed: 2021-12-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: board-of-probation declaratory-judgment due-process fraud hearing judicial-review missouri-statute parole parole-eligibility procedural-fairness state-statute substantive-due-process
Key Terms:
DueProcess Securities
Latest Conference: 2022-02-18
Question Presented (from Petition)

1) WHETHER THE MISSOURI BOARD OF PROBATION AND PAROLE VIOLATED PETITIONER'S SUBSTANTIVE DUE PROCESS RIGHTS BY APPLYING A NEW PAROLE STATUTE, SECTION 558.019.4(2) RSMo, IN CALCULATING PETITIONER'S PAROLE ELGIBILITY, AND EXTENDING PETITIONER'S PAROLE ELGIBILITY FROM 2005 TO 2075 OR 2080.

2) AND, WHETHER THE BOARD COMMITTED FRAUD IN BOTH THE TRIAL COURT AND APPELLATE COURT, DECLATORY JUDGMENT PROCEEDINGS, BY ASSERTING THAT PETITIONER'S PAROLE ELGIBILITY WAS PROPERLY CALCULATED UNDER SECTION 558.019.4(2) 75-YEAR RULE and two MISSOURI CASES THAT HAD NOT YET BEEN DECIDED.

3) AND, WHETHER PETITIONER WAS ENTITLED TO A HEARING IN THE APPELLATE COURT AND MISSOURI SUPREME COURT, ONCE HE PAID THE FILING FEES, IN FULL, ONLY TO HAVE HIS PETITIONS SUMMARILY DENIED BY BOTH COURTS.

4) PETITIONER WAS ENTITLED TO BE HEARD ON WHETHER OR NOT THE BOARD WAS IN_COMPLIANCE WITH STATE STATUTE.

Question Presented (AI Summary)

Whether the Missouri Board of Probation and Parole violated petitioner's substantive due process rights

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2021-12-17
Waiver of right of respondent MO Board of Probation and Parole to respond filed.
2021-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Earnest Langston
Earnest Lee Langston — Petitioner
MO Board of Probation and Parole
D. John SauerOffice of the Attorney General, Respondent