State v. Carson , 311 Mont. 485 ( 2002 )

CHIEF JUSTICE GRAY

specially concurring.

¶23 I agree entirely with the Court’s opinion on issue one. I agree with the result reached by the Court on issue two, given the procedural posture in which this case is presented. I write separately only to clarify that my agreement with the conclusion that the Board violated Carson’s statutory right to counsel at the parole hearing is limited to the facts of this case, namely, that the State did not advance any regulations pursuant to which the Board acted and, therefore, we have no regulations before us upon which the Board reasonably could have relied. I would not foreclose consideration of any such regulations in a future case where they might be advanced as support for the Board’s action.