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PETERS v. KANSAS PAROLE BOARD3/1/1996
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 15, 1996 pursuant to Rule 7.04 (1995 Kan. Ct. R. Annot. 40).
Ronald Peters appeals the dismissal of his petition for writ of habeas corpus. Peters' arguments on appeal concern the Kansas Legislature's 1994 amendments to K.S.A. 60-1501 (Ensley), which added a 30-day statute of limitations on claims arising under the statute. See L. 1994, ch. 227, § 3. We affirm
The facts in this case are uncontroverted. Peters was paroled from Lansing Correctional Facility in 1991 for a 5- to 20-year sentence for aggravated robbery. On April 23, 1993, the Department of Corrections issued a violation report charging Peters with absconding from parole supervision and leaving his parole district without permission. Since he was on parole in Oregon, Peters
waived extradition and returned to Kansas for a parole revocation hearing. On June 9, 1993, the Kansas Parole Board (KPB) revoked Peters' parole and set May 1994 for his next parole hearing.
Peters was denied parole on May 9, 1994. The action notice completed by the KPB stated the following reasons:
"After considering all the statutory factors contained in K.S.A. 22-3717, the decision of the KPB is as follows: Pass to May 1996. Pass reasons: history of criminal activities [1968-burglary (1 year probation), 1969-robbery (270 days), 1970-failure to apperar , 1970-possession of paraphernalic , 1970-possession of marijuana, 1972-burglary, 1973-possession of stolen property, 1973-theft (7 years), unlawful possession of a controlled substance (5 years), assault on a peace officer, escape]; 5 times in prison; objections regarding parole."
Peters wrote a letter to the KPB objecting to his parole denial and demanding a new hearing. The KPB responded to Peters in a memo dated June 10, 1994, stating: "This is to acknowledge receipt of your recent correspondence to the Kansas Parole Board. The Board has reviewed your correspondence, along with your file, and their decision is no change in their previous action." The KPB sent an identical memo, except for the date, to Peters on July 7, 1994.
On August 8, 1994, Peters filed a petition for writ of habeas corpus pursuant to 60-1501. In the petition, Peters argues that there were irregularities in the conduct of his parole revocation hearing which rendered his confinement unlawful; that the KPB exceeded its authority, relied upon the wrong standards, and failed to give reasons for denying parole; and that the KPB considered inaccurate information regarding his criminal history.
On February 6, 1995, the KPB filed a motion to dismiss Peters' petition, claiming that he had failed to file the petition within 30 days of final action by the KPB as required by K.S.A. 60-1501 (Furse). In an order dated March 24, 1995, the district court agreed with the KPB and summarily dismissed Peters' petition. The relevant portion of the district court's decision states as follows:
"Briefly, the pleadings indicate that Peters was denied parole on May 9, 1994, by the Kansas Parole Board. Peters appealed this decision to the parole board and the appeal was denied on June 10, 1994. On July 1, 1994, K.S.A. 60-1501, as amended by L. 1994, Ch. 227, § 3, became effective, requiring all appeals by
inmates to be filed within 30 days of final action. Petitioner filed this petition for writ on August 8, 1994, some 59 days after his appeal was denied and 38 days after the above statute went into effect. The statute was in effect on the date of this action, and petitioner was required to comply with its ma
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