Smith v. Employees of the Bureau of Corrections

64 V.I. 383, 2016 V.I. Supreme LEXIS 6
CourtSupreme Court of The Virgin Islands
DecidedMarch 7, 2016
DocketS. Ct. Civil No. 2015-0034
StatusPublished
Cited by3 cases

This text of 64 V.I. 383 (Smith v. Employees of the Bureau of Corrections) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Employees of the Bureau of Corrections, 64 V.I. 383, 2016 V.I. Supreme LEXIS 6 (virginislands 2016).

Opinion

OPINION OF THE COURT

(March 7, 2016)

Hodge, Chief Justice.

Meral Smith appeals from the Superior Court’s February 24, 2015 order, which denied his petition for a writ of mandamus. For the reasons that follow, we affirm.

I. BACKGROUND

Smith is presently an inmate at the Golden Grove Adult Correctional Facility in Kingshill, St. Croix. On July 5, 1973, Smith was convicted of eight counts of first-degree murder, two counts of robbery, and four counts of first-degree assault in the United States District Court of the [385]*385Virgin Islands.2 He was sentenced to serve eight consecutive terms of life imprisonment with the possibility of parole on the first-degree murder counts with additional sentences imposed on the robbery and first-degree assault convictions.

On May 8, 2012, Smith filed an application for early parole with the Virgin Islands Bureau of Corrections pursuant to section 4601 of title 5 of the Virgin Islands Code. The Bureau of Corrections transmitted the application to its then-Director, Julius Wilson, on June 8, 2012. Just six days after Wilson received the application, the Bureau of Corrections notified Smith, by memorandum, that his application for parole was “returned unanswered” on June 11, 2012. In response, Smith then filed two inmate request forms with the Bureau of Corrections asking why his application for parole was returned unanswered. Smith received notification that his question could only be answered by “the parole board and the director respectively.” (J.A. 10.)

On January 23,2013, Smith filed a petition for writ of mandamus in the Superior Court, requesting that it order the Director of the Bureau of Corrections to consider his application for parole. The Superior Court dismissed the petition by order dated February 24, 2015, which prompted Smith to file a “Motion for Relief from Order,” which was subsequently denied on March 30, 2015. Smith filed his timely notice of appeal on April 13, 2015. See V.I.S.Ct.R. 5(a)(1) (“[I]f the Government of the Virgin Islands or the United States of America or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after such entry [of judgment]”).

[386]*386II. DISCUSSION

A. Jurisdiction and Standard of Review

This Court has appellate “jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, or as otherwise provided by law.” 4 V.I.C. § 32(a). Because the Superior Court’s February 24, 2015 order adjudicated all of Smith’s claims, it constitutes a final appealable judgment within the meaning of section 32(a). Haynes v. Ottley, 61 V.I. 547, 557 (V.I. 2014) (citing Weary v. Long Reef Condo. Ass’n, 57 V.I. 163, 165 (V.I. 2012)).

We review the Superior Court’s factual findings for clear error and exercise plenary review over its legal determinations. Francis v. People, 56 V.I. 370, 379 (V.I. 2012).

B. Mandamus Relief

A writ of mandamus is an extreme remedy that “should be granted only in extraordinary circumstances.” In re People of the V.I., 51 V.I. 374, 382 (V.I. 2009) (citing In re LeBlanc, 49 V.I. 508, 516 (V.I. 2008)). To obtain a writ of mandamus, “a petitioner must establish that his right to the writ is clear and indisputable” and prove “that [he] has no other adequate means to attain the desired relief.” Id. (citing LeBlanc, 49 V.I. at 517); Hansen v. O’Reilly, 62 V.I. 494, 525 (V.I. 2015). But, even if these two prerequisites are met, “the issuing court, in the exercise of its discretion, must be satisfied that the writ is appropriate under the circumstances.” Id. at 526 (internal quotation marks omitted).

We conclude that Smith has failed to establish that his right to a writ of mandamus is clear and indisputable. “[A] party possesses a ‘clear and indisputable’ right when the relief sought constitutes a specific ministerial act, devoid of the exercise of judgment or discretion.” In re People, 51 V.I. at 387 (internal quotation marks and citation omitted) (emphasis added). Smith maintains that he possesses a clear and indisputable right to a response from either the parole board or the Director of the Bureau of Corrections with respect to his application for parole.

We disagree. Although Smith argues that his due process rights were violated as a result of the Director’s return of his application with no answer, there remains “no constitutional or inherent right of a convicted person to be conditionally released before the expiration of a valid sentence.” Greenholtz v. Inmates of Nebraska Penal & Corr Complex, [387]*387442 U.S. 1, 7, 99 S. Ct. 2100, 60 L. Ed. 2d 668 (1979). Thus, the fact that a jurisdiction provides a mechanism for parole does not mean that a person automatically obtains a right to be released. A right for parole review or eligibility may be created, however, by virtue of a state or territorial statute. See Board of Pardons v. Allen, 482 U.S. 369, 381, 107 S. Ct. 2415, 96 L. Ed. 2d 303 (1987) (finding that a right to be paroled existed because of the statute’s use of mandatory language); Greenholtz, 442 U.S. at 12 (same); cf. Jago v. Van Curen, 454 U.S. 14, 20-21, 102 S. Ct. 31, 70 L. Ed. 2d 13 (1981) (finding no right to be paroled where the statute was discretionary). That interest may arise when a parole statute sufficiently restricts the ability of a parole board to deny parole. Allen, 482 U.S. at 377-78. For example, in Allen, the parole statute provided that the board “shall release on parole” all inmates eligible for parole. Id. at 376, 378. Likewise, in Greenholtz the parole statute mandated that whenever the parole board considered releasing an offender eligible for parole, it “shall order his release” unless it finds that his release should be deferred due to one of four listed factors. 442 U.S. at 11. In both of those statutes, the use of mandatory language resulted in limiting the board’s discretion in a manner that was sufficient for the Court to conclude that a right to parole had been created. See Allen, 482 U.S. at 378; Greenholtz 442 U.S. at 12.

Thus, to determine whether the Director breached a ministerial duty to Smith, this Court must turn to the language of the Virgin Islands parole statute. That statute provides, in pertinent part, that

Except for a prisoner sentenced to a term of life imprisonment without parole, every prisoner confined in any penitentiary, jail or prison for a violation of the Virgin Islands law for a definite term or terms of over 180 days or for the term of his natural life, whose record of conduct shows that he has observed the rules of the institution in which he is confined, upon recommendation of the Director of the Bureau of Corrections supported by the recommendation of a psychiatrist and/or psychologist, may be released on parole

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64 V.I. 383, 2016 V.I. Supreme LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-employees-of-the-bureau-of-corrections-virginislands-2016.