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Blanke v. Utah Bd. of Pardons & Parole, 2020 UT 16 (April 16, 2020)

Apr 16, 2020

This appeal arose from a petition for extraordinary relief filed by a prisoner who alleged that the Board of Pardons and Parole violated due process by determining that he is a sex offender, and conditioning his parole on sex offender treatment, without affording him the additional procedural protections discussed in Neese v. Utah Board of Pardons and Parole, 2017 UT 89. The prisoner had pled guilty to attempted child kidnapping, and had admitted to having sex with a minor in his presentence report. In affirming summary judgment to the Parole Board, the court held that due process does not require the procedures discussed in Neese when a prisoner has been convicted of, or admitted to, a crime that requires him to register as a sex or kidnap offender.