Leach v. Louisiana Parole Bd.

991 So. 2d 1120, 2008 WL 2329725
CourtLouisiana Court of Appeal
DecidedJune 6, 2008
Docket2007 CA 0848
StatusPublished
Cited by6 cases

This text of 991 So. 2d 1120 (Leach v. Louisiana Parole Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leach v. Louisiana Parole Bd., 991 So. 2d 1120, 2008 WL 2329725 (La. Ct. App. 2008).

Opinion

991 So.2d 1120 (2008)

Mark LEACH
v.
LOUISIANA PAROLE BOARD.

No. 2007 CA 0848.

Court of Appeal of Louisiana, First Circuit.

June 6, 2008.

Mark Leach, DeQuincy, LA, Plaintiff-Appellant, In Proper Person.

Charles C. Foti, Jr., Attorney General, Wendell C. Woods, Assistant Attorney General, Baton Rouge, LA, for Defendant-Appellee, Louisiana Department of Public Safety and Corrections, Board of Parole.

Before PARRO, KUHN, and DOWNING, JJ.

PARRO, J.

Inmate Mark Leach (Leach) appeals a judgment affirming a decision of the Louisiana Department of Public Safety and Corrections, Board of Parole (Parole Board), that revoked his release on parole. *1121 For the following reasons, we vacate and render.

Factual and Procedural Background

On July 15, 2004, Benny Stevens (Stevens), an agent with the New Orleans West District Office of the Division of Probation and Parole, Department of Public Safety and Corrections, requested a warrant for Leach's arrest for absconding supervision. On September 9, 2004, Leach was arrested pursuant to the warrant that had been issued. A preliminary hearing was conducted before a hearing officer on September 20, 2004. Leach and Stevens were present. Pursuant to supreme court guidelines, Leach's request for appointment of counsel was denied by the hearing officer.

At the preliminary hearing, Stevens testified that on April 5, 2004, Leach reported that he had moved to 3716 Castiglione Street in New Orleans. Pursuant to this reported relocation, Stevens attempted to have Leach's case transferred to the East District Office. His request was denied because Leach was found not to be residing at this address. On April 29, 2004, Leach contacted Stevens to inform him that he had provided an incorrect address and that his correct address was 2716 Castiglione Street. According to Stevens, a second transfer attempt to the East District Office was rejected on the basis that a female resident at that address indicated that she did not know Leach and that he did not live at that address.

Leach explained that he resided at 2716 Castiglione Street and that he was probably staying with a female friend who resided at 2514 S. Galvez Street when the visit was attempted by a parole agent. Leach testified that he was not aware that he needed Stevens' permission to stay at a different address.

According to Stevens, Leach had failed to report to the West District Office and to submit monthly reports from June 2004 through September 2004. A copy of a July 15, 2004 appointment letter addressed to 2716 Castiglione Street, instructing Leach to report on July 27, 2004, was offered into evidence by Stevens, who reported that Leach failed to appear at the appointed time.

Leach testified that because of his supposed transfer to the East District Office, Mary Downey (Downey) was his agent. Although he admitted that he never met with Downey, Leach explained that he reported to the East District Office and filled out monthly reports in June and July 2004. He denied ever receiving Stevens' July 15, 2004 appointment letter.

Stevens testified that Leach owed $2,070 in supervision fees. Leach admitted that he had not been paying his supervision fees and that he had not performed any community service work.

After considering the evidence offered at the preliminary hearing, the hearing officer found that it was likely that Leach actually reported to the East District Office and had submitted monthly reports there. Nonetheless, Leach failed to report to Stevens as directed in the appointment letter. Furthermore, Leach admitted that he had stayed overnight with his girlfriend on S. Galvez Street without first obtaining the permission of his parole officer, and he acknowledged he did not always stay at the listed residence. Furthermore, in light of the East District Office's rejection of the transfer, the hearing officer concluded that Stevens did not know where Leach was staying. Accordingly, the hearing officer found probable cause that Leach had violated four conditions of his parole—conditions 3 (in part), 9, 14, and 15.[1] Therefore, *1122 Leach was informed that he would be held for a final revocation hearing before the Parole Board.

By letter dated November 21, 2004, Leach was informed that his parole revocation hearing had been set for December 16, 2004. In that letter, he was informed that he was charged with violating the following conditions of parole in the following respects:

3. You did not report to agent Stevens as directed, since you failed to answer the appointment letter.
9. You admitted that you had stayed overnight with your girlfriend on S. [Galvez] Street and had not received permission to stay there from your parole officer.
14. You could not be visited at your home or place of employment without notice due [to] absconding.
15. You owe $2,070 in monthly supervision fees.

Leach pled not guilty to all accusations.

At the final revocation hearing, Leach testified that he did in fact live with his niece at the listed address of 2716 Castiglione Street when the transfer was requested. This fact was corroborated by the testimony of his niece, in which she denied having informed parole authorities to the contrary. His niece testified that she simply informed the unidentified female that Leach was not at the residence. Leach denied having acknowledged to parole authorities that he stayed overnight at a girlfriend's home. He testified that he was seeking disability status and was unable to work due to his disability. He denied having knowledge that the condition of his parole required that he perform community service if he were unable to pay the supervision fee. He also denied being advised by his supervising officer that he should be attempting community service.

After listening to the testimony of Leach and his niece and reviewing the violation report and narrative report prepared by Stevens,[2] the Parole Board found that Leach had violated conditions of parole regarding a failure to report, failure to reside at a stated residence, failure to make himself available for visits by supervising parole officers, and failure to pay supervision fees. The Parole Board further found that Leach's violations involved misconduct indicating that he was unwilling to comply with conditions of parole. Accordingly, on December 16, 2004, the Parole Board revoked Leach's parole. See LSA-R.S. 15:574.9(D). Subsequently, Leach brought the instant action in district *1123 court seeking judicial review of the Parole Board's decision.

At the hearing before the commissioner for the district court, the Parole Board introduced the record from the revocation proceeding, including an audio recording of the final revocation hearing before the Parole Board. Following oral arguments, the commissioner initially noted that "the petitioner is only entitled to relief if he demonstrates a violation of his due process rights in the revocation process." Ultimately, the commissioner concluded that Leach failed to show his due process rights were violated during the revocation proceeding. Nonetheless, the commissioner reviewed the record of the Parole Board's hearing and found that the record supported the finding by the Parole Board that the petitioner not only violated the listed conditions of parole, but also displayed an unwillingness to comply with his conditions.

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Cite This Page — Counsel Stack

Bluebook (online)
991 So. 2d 1120, 2008 WL 2329725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leach-v-louisiana-parole-bd-lactapp-2008.