context: Consequently, Coder has "no constitutional right to a clemency hearing." Likewise, given the absence of any protected interest in obtaining clemency, the failure to respond to a request for remission under Article 74 does not give rise to a due process violation or otherwise provide a valid basis for habeas corpus relief.
citation_a.signal: see also
citation_a.identifier: 519 F.2d 669, 673-675
citation_a.parenthetical: explaining that, to obtain habeas corpus relief, a petitioner must establish a violation of his constitutional or statutory rights and resulting prejudice
citation_a.sentence: See Ward v. Province, 283 Fed. Appx. 615, 617-618 (10th Cir.2008) (rejecting the petitioner’s claim that his procedural due process rights were violated when the state parole board failed to respond to his clemency request, since the board “has discretion to decide whether to consider an offender for clemency” and, thus, “there is no constitutionally protected liberty interest”); see also Gaddy v. Michael, 519 F.2d 669, 673-675 (4th Cir.1975) (explaining that, to obtain habeas corpus relief, a petitioner must establish a violation of his constitutional or statutory rights and resulting prejudice).
citation_b.signal: see
citation_b.identifier: 283 Fed. Appx. 615, 617-618
citation_b.parenthetical: rejecting the petitioner's claim that his procedural due process rights were violated when the state parole board failed to respond to his clemency request, since the board "has discretion to decide whether to consider an offender for clemency" and, thus, "there is no constitutionally protected liberty interest"
citation_b.sentence: See Ward v. Province, 283 Fed. Appx. 615, 617-618 (10th Cir.2008) (rejecting the petitioner’s claim that his procedural due process rights were violated when the state parole board failed to respond to his clemency request, since the board “has discretion to decide whether to consider an offender for clemency” and, thus, “there is no constitutionally protected liberty interest”); see also Gaddy v. Michael, 519 F.2d 669, 673-675 (4th Cir.1975) (explaining that, to obtain habeas corpus relief, a petitioner must establish a violation of his constitutional or statutory rights and resulting prejudice).