Did the Missouri courts err in failing to find that Petitioner was entitled to immediate release due to the Missouri Board of Probation and Paroles arbitrary, capricious and discriminatory application of the Missouri Sexual Offenders Program to him violating his rights to due process, and equal protection under law?

QUESTION PRESENTED FOR REVIEW Petitioner Jerome Berry is serving an aggregate forty-five year sentence for rape, kidnaping, and attempted robbery. He has served over thirty-nine years of his sentence, and has completed his thirty-year sentences for rape. His presumptive parole and conditional release dates have passed. He has long ago served the retributive portion of his sentence. But for the Missouri Board of Probation and Paroles arbitrary, capricious and discriminatory application of the Missouri Sexual Offenders Program, he would be a free man. The state circuit court, court of appeals, and Missouri Supreme Court denied Petitioner habeas relief. The question presented is: Did the Missouri courts err in failing to find that Petitioner was entitled to immediate release due to the Missouri Board of Probation and Paroles arbitrary, capricious and discriminatory application of the Missouri Sexual Offenders Program to him violating his rights to due process, and equal protection under law? ~ii