State ex rel Hance v. Arizona Board of Pardons and Paroles

875 P.2d 824 (1993)

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State ex rel Hance v. Arizona Board of Pardons and Paroles

Arizona Court of Appeals
875 P.2d 824 (1993)

Facts

Eric Mageary was convicted of rape and sentenced in 1974 to 25 years to life in prison. Other than being paroled for a short time in 1989, Mageary was denied parole each time he became eligible until 1993. The victim never requested notice of post-conviction proceedings. The Board of Pardons and Paroles (the board) (defendant) sent a letter to the victim’s last known address before Mageary’s 1984 parole hearing, but the letter was returned as undeliverable. Neither the board nor the prosecutor attempted to notify the victim of any subsequent hearings. In 1993, Mageary was denied parole but released to home arrest. The board was notified that the victim had submitted a letter but declined to hold a hearing. The county attorney (plaintiff) petitioned the court of appeals to set aside the release order and direct the board to hold a reexamination hearing.

Rule of Law

Issue

Holding and Reasoning (Lankford, J.)

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