Vargas v. Michigan Parole Board

SC: 109590 On June 16, 1998, this Court, while retaining jurisdiction, remanded the matter to Saginaw Circuit Court. Petitioner had appealed from a Parole Board failure to hold a public hearing on release because the Saginaw Circuit Judge who was notified objected to parole. While the petitioner's appeal from the circuit court affirmance was pending, this Court learned that the Judge who had objected to parole was not the sentencing Judge or the successor Judge as required by MCL 791.234(6)(b); MSA 28.2304(6)(b). The purpose of the remand was to afford the successor Judge an opportunity to voice his opinion on whether the Parole Board should conduct a public hearing on whether to parole petitioner.