Bryant v. Louisiana State Pardon Board
378 So. 2d 180 · Louisiana Court of Appeal · 1979
Facts
Charles S. Bryant, III, sought a pardon from the Louisiana State Pardon Board, which was subsequently denied. Bryant asserted that the notice of denial he received was too broad and vague to constitute meaningful notice. He also claimed that the Board's use of standardized reasons for denial violated due process. Bryant further alleged that the Board abused its discretion, violated his civil rights, and that the entire procedure violated provisions of both the Louisiana and United States Constitutions.
Procedural history
Plaintiff appealed from the sustaining of a peremptory exception of no cause of action to his petition for judicial review of the denial of a pardon. He also sought $250,000.00 in punitive and compensatory damages. The exception was submitted to the court on memorandum without appearance of counsel for the defendant.
Issue
The issues before the court were whether the peremptory exception of no cause of action was properly granted and whether the plaintiff was entitled to be present at the hearing of the exception.
Holding
The court affirmed the lower court's decision, upholding the granting of the peremptory exception of no cause of action and finding no requirement for the plaintiff to be present at the exception hearing.
Rule
A pardon is considered a matter of grace from the state and a function of the executive branch of government, not subject to limitation or control by other branches, as per Art. 4, § 5(E) of the Louisiana Constitution. There is no controlling authority granting judicial review of pardon denials, and the Pardon Board is not liable for damages under these circumstances. Furthermore, there is no due process requirement for an appellant to be produced in court for a hearing on an exception, as it is a matter of law.
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