From Casetext: Smarter Legal Research

Noel v. Norris

United States Court of Appeals, Eighth Circuit
Jul 8, 2003
336 F.3d 648 (8th Cir. 2003)

Summary

holding inmate's due process rights not violated when he was not allowed to undergo special brain scan but was able to present 400-page record including evidence of brain damage supporting his clemency application

Summary of this case from Larson v. Alaska Dep't of Corr.

Opinion

No. 03-2512.

Submitted: July 2, 2003.

Filed: July 8, 2003.

Appeal from the United States District Court for the Eastern District of Arkansas, Susan Webber Wright, Chief Judge.

Craig Lambert, argued, Little Rock, AR, for appellant.

Joseph V. Svoboda, argued, Little Rock, AR, for appellee.

Before BOWMAN, MORRIS SHEPPARD ARNOLD, and RILEY, Circuit Judges.


This is an action under 42 U.S.C. § 1983 brought by Riley Dobi Noel, a prisoner under sentence of death. He claims that the State of Arkansas violated his constitutional right to due process when it interfered with his ability to prepare and present his case for executive clemency.

Because clemency is extended mainly as a matter of grace, and the power to grant it is vested in the executive prerogative, it is a rare case that presents a successful due process challenge to clemency procedures themselves. See Ohio Adult Parole Auth. v. Woodard, 523 U.S. 272, 280-81, 118 S.Ct. 1244, 140 L.Ed.2d 387 (1998). On the other hand, if the state actively interferes with a prisoner's access to the very system that it has itself established for considering clemency petitions, due process is violated. See Young v. Hayes, 218 F.3d 850, 853 (8th Cir. 2000).

Mr. Noel's claim seems to be a kind of amalgam. He asserts that state officials did not give him enough time to prepare for his clemency hearing and that the state would not allow him to undergo a particular kind of brain-scan procedure to prove his assertion that his brain damage ought to be considered on the question of whether he deserved clemency.

We think that Mr. Noel's claim must be rejected. He presented a four-hundred page record to the state authority charged with making recommendations concerning clemency, and that authority denied his request. The materials that he presented included some evidence, though not the particular evidence that Mr. Noel sought to produce, of his brain damage. He does not claim that he was prevented from presenting any other kind of evidence. In the circumstances, we cannot say that the process was so arbitrary as to be unconstitutional or that the state prohibited Mr. Noel from using the procedure that it had established.

We have examined Mr. Noel's equal protection claim and find it to be meritless.

The judgment of the district court is affirmed.


Summaries of

Noel v. Norris

United States Court of Appeals, Eighth Circuit
Jul 8, 2003
336 F.3d 648 (8th Cir. 2003)

holding inmate's due process rights not violated when he was not allowed to undergo special brain scan but was able to present 400-page record including evidence of brain damage supporting his clemency application

Summary of this case from Larson v. Alaska Dep't of Corr.

holding due process not violated where inmate was not allowed to undergo special brain scan, but was able to present four-hundred page record that included evidence of brain damage in support of his clemency application

Summary of this case from Lewis v. State, Dept. of Corrections

In Noel v. Norris, 336 F.3d 648, 649 (8th Cir. 2003) (per curiam), a capital prisoner in Arkansas claimed the State of Arkansas violated his due process right by interfering "with his ability to prepare and present his case for executive clemency."

Summary of this case from Rhines v. Young

In Noel, a prisoner under sentence of death claimed that the State of Arkansas violated his due process rights by interfering with his ability to prepare and present his case for executive clemency.

Summary of this case from Lewis v. State, Dept. of Corrections
Case details for

Noel v. Norris

Case Details

Full title:Riley Dobi NOEL, Appellant, v. Larry NORRIS, Director, Arkansas Department…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 8, 2003

Citations

336 F.3d 648 (8th Cir. 2003)

Citing Cases

Lewis v. State, Dept. of Corrections

See Woodard, 523 U.S. at 289, 118 S.Ct. 1244 (O'Connor, J., concurring); see also INS v. St. Cyr, 533 U.S.…

Winfield v. Steele

Id. at 853. Our court has again explained this requirement of fundamental fairness in the clemency process in…