No. 23-6300

Richard Paiva v. Rhode Island

Lower Court: Rhode Island
Docketed: 2023-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-protection due-process incarcerated-rights incarceration parole parole-eligibility sentence sentencing-procedure statutory-rights
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Are the protections of the 14th-Amendment-Due-Process-Clause triggered, when an incarcerated-person has a statutory-right-to-be-parole-eligible during his or her sentence-of-imprisonment?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Are the protections of the 14th Amendment Due Process Clause triggered, when an incarcerated person has a statutory right to be parole-eligible during his or her sentence of imprisonment? 2. Does an incarcerated person whom has a statutory right to be paroleeligible during his or her sentence of imprisonment, have a con. stitutional due process right to be heard for consideration of parole, a minimum of once, prior to the expiration of the term of his or her sentence of imprisonment? 3. Can an incarcerated person be "eligible for parole" after he or she completes the entire term of his or her sentence of imprisonment?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2024-01-09
Waiver of right of respondent State of Rhode Island to respond filed.
2023-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2024)

Attorneys

Richard Paiva
Richard Paiva — Petitioner
Richard Paiva — Petitioner
State of Rhode Island
Christopher Robinson BushRhode Island Office of the Attorney General, Respondent
Christopher Robinson BushRhode Island Office of the Attorney General, Respondent