Bates v. Murphy

796 P.2d 116, 118 Idaho 239, 1990 Ida. LEXIS 125
CourtIdaho Supreme Court
DecidedJuly 31, 1990
Docket17661
StatusPublished
Cited by7 cases

This text of 796 P.2d 116 (Bates v. Murphy) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bates v. Murphy, 796 P.2d 116, 118 Idaho 239, 1990 Ida. LEXIS 125 (Idaho 1990).

Opinions

BAKES, Chief Justice.

Respondents, sixteen inmates at the Idaho State Correctional Institution (petitioners), brought this habeas corpus proceeding seeking to enforce certain discharges that had been granted to them by the Commission of Pardons & Parole (the Commission). The magistrate denied the petition, holding that the discharges were invalid. On appeal, the district court reversed and ordered reinstatement of the discharges. The Idaho Board of Corrections (the Board) has appealed the district court decision.

Following the initial oral argument, the Court ordered the parties to brief the following additional issues:

1. For cases in which defendants were sentenced to the custody of the Board of Corrections before the Unified Sentencing Act became effective, under what authority may the Commission of Pardons & Parole discharge a portion of an indeterminate sentence prior to the maximum period of time set out in the judgment and sentence of the district court?
2. Is any such discharge, issued prior to the end of the maximum term fixed in any indeterminate sentence, a commutation within the meaning of Art. 4, § 7, of the Idaho Constitution?

The Court held further oral argument on May 4, 1990, and we now reverse the district court’s decision and reinstate the magistrate’s order.

I

Respondents (the petitioners) were all incarcerated at the Idaho State Correctional Institution. Each had been serving indeterminate sentences and had at least one consecutive sentence that he had not yet [241]*241begun serving. Each appeared before the Commission and received a discharge of the initial sentence he was then serving and, as a result, began serving the next consecutive sentence.

On June 19, 1986, District Judge W.E. Smith decided the case of Smith v. State, Case No. HC-2515. The petitioner in that case had been granted a “discharge” by the Commission similar to those granted in this case. Judge Smith held that the “discharge” was void because, under I.C. § 20-2331 regulating discharges, such a discharge could only be granted to those prisoners who had served out their entire sentences or had been on parole for at least one year. The district court further held that the discharge in Smith v. State was not valid as a commutation either, because it failed to meet the procedural requirements for granting a commutation set out in Article IV, § 7, of the Idaho Constitution.2

In response to the decision in the Smith case, the director of the Board, A1 Murphy, directed the warden to write a letter to each of the incarcerated respondents in this proceeding notifying them that their discharges were void and that their first sentences were being reinstated and recalculated. As a result, respondents had to begin serving the remaining time on their first sentences from which they had received the void “discharges.” The inmates were notified that they could request a hearing to challenge the accuracy of the recalculated sentences.

On January 2, 1987, the inmates filed a petition for habeas corpus with the Idaho Supreme Court. The Court denied their petition. The petitioners then filed a habeas corpus petition with the district court and the matter was referred to Magistrate Patricia Borah. After a trial, Judge Borah entered a memorandum decision and order denying the inmates’ petition. Judge Borah found that the discharges did not comply with the requirements for a discharge set out in I.C. § 20-233, and also were not valid as commutations, paroles or pardons under Article IV, § 7, of the Idaho Constitution.

On October 8, 1987, the petitioners appealed to the district court. The district [242]*242court reversed the magistrate decision and ordered that discharges be reinstated. The Board has appealed the district court’s decision to this Court.

II

The facts of this case require us to resolve the following issues: (1) is a discharge, issued prior to the end of the maximum term fixed in any indeterminate sentence, a commutation within the meaning of Article IV, § 7, of the Idaho Constitution; and (2) did the Board of Corrections exceed its authority by refusing to comply with the discharges of the Commission?

Article IV, § 7, states in pertinent part: [B]ut no fine or forfeiture shall be remitted, and no commutation or pardon granted, except by the decision of a majority of said board, after a full hearing in open session, and until previous notice of the time and place of such hearing and the release applied for shall have been given by publication in some newspaper of general circulation at least once a week for four weeks.

This section unambiguously provides that no commutation shall be granted unless the listed procedures are followed, i.e., full hearing in open session, after previous notice of the time and place of hearing is published in a newspaper of general circulation, once a week for four weeks. No exceptions are provided for within this section of the Constitution, and none can fairly be inferred.

This provision does not, however, define the term “commutation.” We therefore turn to our case law for guidance. In Standlee v. State, 96 Idaho 849, 538 P.2d 778 (1975), we faced an issue similar to that which we face today, when we decided whether “parole is a form of commutation and pardon or a part of punishment.” 96 Idaho at 851, 538 P.2d at 780. The Court held in Standlee that, “The Constitution speaks only of commutations and pardons. These differ from paroles. A pardon does away with both the punishment and the effects of a finding of guilt. A commutation diminishes the severity of a sentence, e.g. shortens the term of punishment.” 96 Idaho at 852, 538 P.2d at 781 (emphasis added).

The Court in Standlee defined a commutation by focusing on its principal attribute, i.e., shortening the term of punishment. When a parolee is discharged from parole before the end of the term of his sentence he is no longer subject to any conditions or supervision, nor may he be reincarcerated on that sentence. As the Maine Supreme Court held in reviewing a similar discharge provision enacted by their legislature,

Once the parole board discharges a lifer, he is no longer subject to’ any of the conditions that attach to parole; he becomes a totally free man. If applied to Gilbert, who was convicted and sentenced to life imprisonment before the 1959 amendments took effect, the ten-year discharge provision would act to release him completely from his sentence, which when imposed in 1951 was by law to terminate only on his death. Like the “good time” law in Bossie [v. State, 488 A.2d 477 (Me.1985) ] therefore, the discharge provision would act as a commutation of Gilbert’s sentence____

Gilbert v. State, 505 A.2d 1326, 1329 (Me. 1986). Concededly, the discharges in this case would not set the petitioners “totally free,” as they were subject to a second consecutive sentence for a different conviction, which they would immediately begin serving.

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Bates v. Murphy
796 P.2d 116 (Idaho Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
796 P.2d 116, 118 Idaho 239, 1990 Ida. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-murphy-idaho-1990.