Supreme Court affirms trial court finding of due process violation by Board of Parole

On Oct. 18, 2024, the Supreme Court affirmed the trial court’s decision to grant, in part, a habeas petition in Appleby v. Villagomez. The trial court determined that Shawn Appleby, who had his probation revoked, is properly imprisoned but should have his parole eligibility date redetermined by the Board of Parole.

Appleby was arrested in March 2020 for assault, causing the Board of Parole to initiate parole revocation procedures. The Board of Parole then revoked parole based upon testimony from Appleby and other witnesses, including his parole officer. Appleby filed a habeas corpus petition with the Superior Court, asserting that his imprisonment is unlawful because the Board of Parole violated his due process rights numerous times throughout the course of the parole revocation.

In affirming the lower court’s decision, the Supreme Court held that the Board of Parole only failed to meet two of the minimum due process requirements: the Board of Parole did not notify Appleby of his right to request appointed counsel before his preliminary hearing and erroneously found that he violated one condition of parole without a preliminary hearing or notice to Appleby. The court found, however, that Appleby was not prejudiced by the first error, because he had no right to appointed counsel and was later represented by his public defender at the final hearing anyway.

Appleby’s writ of habeas corpus is limited to only requiring redetermination of his parole eligibility date, since the Board properly found that Appleby violated three other conditions of parole. The court notes that two of the Board of Parole’s forms do not meet due process requirements, and urges the Board of Parole to update them. The Supreme Court affirms the partial grant of Appleby’s habeas petition.

The full opinion can be read on the Law Revision Commission website: https://cnmilaw.org/spm24.php#gsc.tab=0.(PR)