View Full Version : Filing an appeal for parole denial in Texas? Need help!


GARRYSWIFE
02-11-2008, 10:35 PM
How do I go about filing for an appeal from the parole board'? Will it hurt my man's chances in the long run if it is not approved? Do I need an attorney? Somebody help......!

RobinsMan
02-12-2008, 07:35 AM
Are you wanting to appeal a parole board decision to deny parole?

jojacks
02-12-2008, 07:36 AM
If you are wanting to file an appeal about a decision, lormur can give you some good advice on this. She has helped several people through this process.

GARRYSWIFE
02-12-2008, 11:59 PM
I guess I want to appeal the parole board's decision, if I can even do that. I just want some help/advice on how to do something. My man has 14 flat on a 20 and they seem to be not at all interested in letting him come home. Lost in the system? idk

jojacks
02-13-2008, 05:33 AM
We need to know a little more about your situation, has he already been denied for parole, whether is charge was aggravated, etc. Give us a little more info and we can probably answer your questions.

GARRYSWIFE
02-13-2008, 09:22 PM
one charge was aggravated and one was not. he got 2 20 year sentences, they run concurrent. he has also been inside 2 times before, but the charges were not very serious.once for 3 months and once for 16 months. as i write this, i realize how horrible it must look to the parole board. anyways, thanks you guys. thanks jojacks for your care and time.

smallngood
02-13-2008, 09:37 PM
The parole board will TELL you why he was denied if you call them- -if you are his wife.
They will send him an I-60 telling him why also, but you can find out sooner, by calling. Depends on what their reason was if you can appeal or not, and his charges in the first place.
Hope this helps, not sure on just what you wrote though.
Be safe.

jojacks
02-14-2008, 05:52 AM
Was this his first time up for parole? You need to call the Board he is under and they will tell you why he was denied. I do know that it is very hard to appeal a decision.

GARRYSWIFE
02-14-2008, 10:08 AM
no, he's been up at least twice before this, maybe 3 times.....thanks
i'm calling parole

funtie8
02-14-2008, 10:27 AM
Have you sent Lormur a PM? She knows how to appeal the decision and I know recently a lady got denied and won her appeal. I bet Lormur has that information.

RobinsMan
02-14-2008, 11:10 AM
Lormur has been under the weather and may not be perusing the forums. I'd send her a PM. She helped becbabe with an appeal (that I think funtie is referring to) and perhaps she will respond to a PM.

jojacks
02-14-2008, 01:32 PM
Just talked to lormur - she is not feeling well at all, so she may not be on for a few days.

RobinsMan
02-14-2008, 02:14 PM
Has anyone already sent a PM to Becky? I will but I don't want to cover her over in PM's. It seems to me that there was a time limit within which the appeal must be filed so the clock may be ticking.

I think it was called a Special Review, rather than an appeal.

clcmm
02-14-2008, 02:49 PM
Hey if you guys get the information on how to start that process can one of you start a new thread or a sticky explaining it??

RobinsMan
02-14-2008, 02:52 PM
Posting all of this might be frowned upon but here is the Rule from the Texas Administrative Code that governs the special review process. There is a specific list of reasons that the parole baord would consider a special review. I don't see a time limit but I bet there is. It seems that I recall that Becky got her Special Review because of (f)(2) information unavailable to the parole panel which was actually (g)(3) an error of law. So, if you are going to file for this you need to have a reason that you can fit into one of the categories under (f).

RULE 145.17
(a) This rule provides a forum for receipt and consideration of information not previously available to the parole panel where the decision of the panel was to deny release to parole or mandatory supervision. If the denial decision was based upon erroneous information or an administrative file processing error, this rule does not apply.

(b) Requests for special review shall apply only to cases reviewed for release to parole or mandatory supervision where the decision of the parole panel was to deny release to parole or mandatory supervision.

(c) All requests for special review shall be in writing and signed by the offender, his or her attorney, or in cases where the offender is unable to sign due to a mental or physical impairment, by a person acting on his or her behalf.

(d) All requests for special review shall be filed with the Texas Board of Pardons and Paroles, Board Administrator, P.O. Box 13401, Austin, Texas 78711.

(e) The board administrator shall refer to the special review parole panel only those requests for special review which meet the criteria set forth herein.


(f) Requests for special review shall be considered in the following circumstances:(1) a parole panel denied release to parole or mandatory supervision and a parole panel member who voted with the majority on that panel desires to have the decision reconsidered prior to the next review (NR) date; or

(2) a written request on behalf of an offender is received which cites information not previously available to the parole panel.

(3) both parole panel members who voted with the majority are no longer active board members or parole commissioners, and the presiding officer (chair) places the decision in the special review process to be reconsidered prior to the NR date.

(g) Information not previously available shall mean only:(1) responses from trial officials and victims;

(2) a change in an offender's sentence and judgment; or

(3) an allegation that the parole panel has committed an error of law or board rule.

(h) A special review parole panel, other than the current voting panel, shall decide and exercise final action on such requests for special review.

(i) Upon considering a case for special review, the special review parole panel may take the following action:(1) defer for request and receipt of further information;

(2) vote remain set; or

(3) revote the case in accordance with applicable provisions of Subchapter A of this chapter (relating to Parole Process).

(j) The special review parole panel shall not set an offender's NR date on a date later than the previous NR date.

Tracy
02-14-2008, 03:14 PM
Maybe we should ask that info be made into a "sticky", Royce? Whatcha think?

RobinsMan
02-14-2008, 04:09 PM
Sorry. You actually caught me doing some work. Too bad you're not my supervisor. He'd have been proud.

Well, there is a sticky in the What You Need To Know forum that is a link to the administrative code but you have to know what is in there to be looking for it in the first place. Or, to even recognize what you are looking at while you are. There is a lot of stuff in the administrative code and a few things, such as parole votes, have their own little sticky. This one might be worth dragging out as well. There may be a little more to be known about it, too.

GARRYSWIFE
02-16-2008, 06:37 PM
thanks funtie8,jojacks,joshiesmom, and of course robinsman. been kinda under the weather myself. i think if i can get the funds, i'm gonna hire an attorney to do this.

Crone
02-21-2008, 08:38 PM
One thing to add to Royce's post that I learned today and that is if the inmate does meet the criteria for a Special Review they can (and should) request an interview with the board that is overseeing the request for the Special Review. The inmate has to request this interview. You can not request the interview for the inmate. Also, the inmate should put their interview request in their request for the Special Review. I'm still unclear as to whether or not family members can also get an interview inasmuch as the woman I spoke with was just so snippy today with me and I couldn't wait to get off the phone with her! :blah: It seems the more I wore my pleasant, patient voice the more snippy she got. What ever happened to 'kill them with kindness?'

lormur
02-21-2008, 10:03 PM
In Special Review Cases, Family members can request interviews and I DO know of instances where they have been granted.

becbabe
02-22-2008, 04:48 PM
The request has to be made from the inmate or an attorney or the victim and if the family member is the victim, then that's how the family member can request it. The first time I requested it on my own it was denied. And there is NO time limit, except for it needs to be done before the next parole hearing. You have to meet the criteria and once met, they HAVE to approve you to be REVIEWED for special review (not grant it) and once it's approved to be reviewed, you go through the whole process like parole. It's like a 3 step process. Has to go through an analyst...blablabla. Hope that helps! Let me know if you need anything else!

lormur
02-22-2008, 11:33 PM
Bec, I think that we have two lines of thought going here. Correct me if I am wrong. Thought Number 1: Request for a Special Review has to be signedn by the Inmate or the Attorney.
Thought 2: When the Special Review has been approved and is at a Parole Board, A Friend, Family Member, or Attorney can request either a Face to face or Phone Interview with the lead Voter just as in a regular Vote for Parole.

Crone
02-23-2008, 10:28 AM
My husband has prepared a "model" Request for Special Review that he is sharing with others. I suggested to him in my most recent letter that he add a sentence to his request indicating that should the inmate's request meet the requirements for a Special Review that the inmate would like to have an interview scheduled. This takes out the need for the 2nd request (the request for the interview) and sort of streamlines the process a little bit.

becbabe
02-23-2008, 07:32 PM
Yes ma'am. You're correct except the victim can also request the special review and sometimes family members are the victims which is why I put in those instances family members can also request it. If there are no victims involved, then it either has to be signed by the inmate or the attorney. After its approved to be reviewed for special review, anyone can request an interview with the parole board member just like parole. I think that's what you were saying. Now YOU correct ME if I'm wrong or misunderstood you! ;)

Bec, I think that we have two lines of thought going here. Correct me if I am wrong. Thought Number 1: Request for a Special Review has to be signedn by the Inmate or the Attorney.
Thought 2: When the Special Review has been approved and is at a Parole Board, A Friend, Family Member, or Attorney can request either a Face to face or Phone Interview with the lead Voter just as in a regular Vote for Parole.

lormur
02-24-2008, 12:25 AM
Bec,
We are on the same page. It is so good to see you posting. I do hope that all is well with you and yours. Just Pray that wnen my friend comes up that gatesville bunch will say FI 1. He has completed everything on his ITP except project Rio and he does not need their services.
Have a wonderful Sucay.
J

Texasfem
02-24-2008, 08:54 AM
Jean & Robin's Man, can you give me a detail run down of a special condition review if an inmate is denied parole. thank you for this post on a special review. this has been very helpful.

Jeannie

Tracy
02-24-2008, 09:06 AM
Jeannie..in this thread, I think Robinsman posted the detail on how to do the special review....might be back a page or two.

Texasfem
02-24-2008, 11:36 AM
Joshiesmom, I thought maybe a special review and conditions of a special review would be different. I have the run down. Thank you so much.
how is everything on your end?

Tracy
02-24-2008, 11:42 AM
Oh ok...you may be right! I am sure someone will be along to answer your original question.

Things are great.... I am about ready to do a "1 year update" on Joshie since its almost been a year since his release date...

Thanks for asking! Let us know if you need something else and someone that really knows will help!

Crone
02-27-2008, 06:17 AM
I spoke with Senator Whitmire's office yesterday to find out what is being done about the parole board not following their own guidelines. I was told that they were working on it (and they didn't sound all to happy about having to do that either - in other words, they are NOT happy with the board).

I had sent my husband a copy of a post I got from the Sirak site about the Special Review Request and I was told by Senator Whitmire's office that that 'letter' had some inaccuracies about it re SB 909. They didn't go into detail - just said it was not entirely accurate. So, if others have used that information, be mindful of that.

MissingMyWife
04-28-2012, 01:34 PM
RobinsMan,

I ran across this post while searching for what I need to do to see if I can appeal a parole denial on my wifes behalf.
3 year sent w a pmd of dec this year denied a few weeks ago and gave a serve all until her pmd then they will review again.
Day for Day time now is 9mths.

Can you tell me what excatly what needs to be done and who needs to do it? My wife or me?
Also Who, Where, and What address to send what I am assuming will be a letter or similiar request to?

I have had very little luck with sending anything to the state and I never get confirmation they recieved it or that it was placed in her file.
I still do not know if they have ever recieved her parole packet.
I just want to give her the best chance of coming home. Our daughters, Our grandchildren, and I miss her more than words could ever express.
I have read through this forum for 8 mths now and have just joined and I wish to specifacally say Thank You to you but also to say Thanks to all who post helpful info here for w/o it I would have been totally lost.
Again Thank You and May God Bless each one of you and change all of our commen circumstances for the better if it be his will. :o :o :o :o

Renee
04-28-2012, 01:43 PM
I don't know if this will help, but I recently saw a response from CenTexLyn in the Requesting a Special Review (http://www.prisontalk.com/forums/showthread.php?t=601226) thread that might have some good information for you. I wish you the best of luck!

MissingMyWife
04-28-2012, 01:50 PM
Thank You So Much!

God Bless
:o:(:o