Document Type

Case Summary

Publication Date

6-1-2006

Case Synopsis

The Psychological Review Panel (“Psych Panel”) held a hearing to consider whether a prisoner serving consecutive sentences for sex offenses was a threat to society if he were released on parole. The Psych Panel decided not to certify the prisoner for release, partially based on new allegations made by the victim during the hearing. The prisoner filed a district court petition for a writ of mandamus, prohibition, or habeas corpus, challenging the Psych Panel’s actions. The district court denied and dismissed the petition. The Nevada Supreme Court held that the district court abused its discretion in denying and dismissing the mandamus petition under NRS 213.1214(4). The Court found that though that statute prohibits a prisoner from challenging the Psych Panel’s refusal to certify a prisoner, and prohibits a prisoner from challenging the Psych Panel’s refusal to consider a prisoner for certification, the statute does not prohibit a prisoner from challenging the process used by the Psych Panel during the hearing, or from challenging the validity of the statute. Though the Court found the Psych Panel’s process was proper, it found that the statute’s requirement of certification was not valid when applied to a prisoner serving consecutive prison sentences.

Download

Share

COinS