There are two different circumstances in which an appeal to the Texas Board of Pardons and Paroles is necessary. Motions to Reopen and Appeals to the Special Review Board.
Motions to Reopen
If, after a Parole Revocation Hearing, parole is revoked, within 45 days he or she has the right to file a Motion to Reopen. A Motion to Reopen is a request to the Board to reopen a hearing so that evidence that was not presented at the Parole Hearing can be presented or evidence that should have been excluded was not.
Appeals to the Special Review Board
If an inmate's Parole or Mandatory Supervision has been denied, the inmate can file an Appeal to the Special Review Board. This Appeal requires a showing that the Board of Pardons and Parole Panel which originally reviewed the case did so with incorrect information or without relevant information that would have benefitted the inmate.
When appeals to the Board have been exhausted the last resort is often times a State Writ or a Federal Writ.
The State Writ is almost never used in connection with Parole Appeals. The reason is that most post-conviction parole matters deal with federal constitutional issues. Therefore, almost all writs filed for Texas parole matters are Federal Writs.
A Federal Writ is a petition to the Federal District Court alleging that an inmates Federal Constitutional rights have been violated. If the Federal District Court grants the writ, the Board would be required to implement the remedy the Court dictates. If the writ is denied by the District Court, it can be appealed to the Fifth Circuit Court of Appeals and the to the United States Supreme Court.
Joe Padian is a licensed attorney practicing throughout the State of Texas. He has successfully handled over 1000 Parole Revocation Hearings, Motions to Reopen and First Set Off Date Releases.
Let Joe Padian help you
If you would like to contact Joe, please do so at one of the following:
Joseph J. Padian 1614 Market Center Blvd. Dallas, TX 75207