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Publications: Parole Board Rules Violate Federal Constitution



Posted: 10/4/2011

contentions of the White brothers’ counsel, Dennis Balske, that the Board’s JAM rules, rules which governed the setting of parole hearings for juveniles convicted of aggravated murder, were unconstitutional.  After many preliminary rulings during years of contentious litigation, Judge Coffin held that the JAM rules, which were not propounded until after the juveniles had been convicted and sentenced, and which when applied to the Whites required them to wait twice as long for a parole hearing as seventeen year olds and many adults convicted of the identical offense, violated the ex post facto, due process and equal protection clauses of the federal constitution.  The Board objected to Magistrate Judge Coffin’s rulings, but Chief Judge Aiken overruled the objections, and the Board did not appeal.

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Dennis Balske
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Law Office of Dennis N. Balske, Portland, Oregon (August 2003 – present).  Sole practitioner.  Constitutional law practice emphasizing state post-conviction and federal habeas corpus litigation. 


 

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