Pratt v. Ballard

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In 1976, Petitioner was convicted of armed robbery and sentenced to life imprisonment. The life sentence included the element of mercy, and Petitioner was released on parole in 1986. While on parole, Petitioner was convicted in Pennsylvania of murder. After Petitioner completed his Pennsylvania sentence, his parole was revoked, and Petitioner’s life sentence, with mercy, was reimposed. Thereafter, Petitioner was informed that he would be ineligible for parole. Petitioner filed this habeas petition, alleging that the lack of a sentencing record regarding his armed robbery conviction violated the requirements of State v. Houston and Pratt v. Holland and that the West Virginia Parole Board violated his right to due process by denying a hearing before the Parole Board prior to the Board’s determination of his ineligibility for parole. The habeas court concluded that the sentence was fair and imposed the life sentence, with mercy. The Supreme Court affirmed, holding (1) the habeas court did not include an impermissible factor as a reason for Petitioner’s life sentence; and (2) the denial of a hearing before the Parole Board in which to participate in the comparison of the two murder statutes did not violate Petitioner’s right to due process of law. View "Pratt v. Ballard" on Justia Law