Norris Hicks v. Texas Board of Pardons and Paroles, et al.
AdministrativeLaw DueProcess Securities
Whether the Texas Board of Pardons and Paroles can arbitrarily refuse to follow its own rules and guidelines without violating due process rights
QUESTIONS PRESENTED l.Where the Texas Board of Pardons and Paroles(TBPP) fail to follow its own Rules & Guidelines, the Texas Constitution, and the Adminstrative Procedures Act(APA); Can the TBPP promulgate ; Rules and Regulations and arbitrarily and capriciously refuse to follow them consistent with the due process clause, as set out by this Court in WILKINSON v DOTSON, 125 S.Ct. 1242? 2-Where the District Court and the Appeals Court fail to address an issue of First Impression(i.e.THE CUMULATIVE EFFECT OF THE TEXAS CONSTITUTION, TEXAS STATUTES, THE ABA, AND TBPP'S OWN GUIDE LINES COMBINE TO GIVE A LIBERTY INTEREST, OR IN THE LEAST A REA_ SONABLE EXPECTATION THAT PAROLE PROCEDURES WILL BE CONDUCTED WITH A MODICUM OF JUST AND FAIT TREATMENT); Does this failure conflict with the Fifth Circuit's holding in MYERS v KLEVENHAGEN, 97 F.3d, 91, where the Court held that prison officials failure to follow the prison's own policies, procedures or regulations does not constitute a violation of due process, if constitutional minimas are neverless met: and conflict with this Court's holding in WILKINSON v AUSTIN, 545 U.S. 209, where it held that an intetrest may a; vise from an expectation or interest created by State Laws or . policies? 3.Where the District Court and the Appeals Court holding is in conflict with the holding in the 9th Circuit in PEARSON v MUNTZ, ~ 639 F.8d 1185(2001);the 2nd Circuit in GRAZIAN v PATAKI, 2006 WL 2023082;with the understanding that this Court has NOT Explicedly stated what the minimum process is in regards to the denial of parole, Petitioner ask this Court to make a ruling that will put all of the Circuits on the same page? ; ii :