Justice Neary
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PETITIONER inmate sought to annul respondent Division of Parole’s decision denying him parole. He alleged respondent’s decision was arbitrary, contending it was the product of the Parole Board’s “political agenda.” Respondent argued its decision was proper. Petitioner was convicted, after a jury trial, for second-degree murder in the shooting death of an unarmed, 15-year-old acquaintance. Petitioner was sentenced to the maximum sentence as a juvenile offender. The court noted that based on a review of the hearing record, petitioner failed to meet the “heavy burden” of establishing that the board’s determination was “irrationality bordering on impropriety.” It stated the record reflected that while the board emphasized the serious and violent nature of petitioner’s crime, it also weighed this against other factors, including his disciplinary record, programming and post-release plans. The court said it was appropriate for the board to consider the nature and severity of the underlying offense, noting it was not required to discuss, nor give equal weight to, every factor considered by it in reaching its decision. Thus, the determination was not subject to judicial review and the petition was denied.
