Supreme Court of Arkansas

Shawn Whiteside, Appellant v. Arkansas Parole Board, Appellee

May 19, 20162016 Ark. LEXIS 175

Summary

The court affirmed dismissal of Whiteside's petition for judicial review of the Parole Board's decision to defer his transfer to the Department of Community Correction. Although the Arkansas Administrative Procedure Act generally bars inmates from seeking review, an exception exists for a petition sufficient to raise a constitutional liberty-interest claim; Whiteside's allegations did not meet that threshold because he did not allege facts showing that he satisfied the statutory criteria for mandatory transfer. Justice Hart, dissenting, would have first addressed whether the circuit court had authority to hear the appeal from the Parole Board.