A Cowley County judge has ordered a new hearing in the high-profile parole case of Jimmie K. Nelms, ruling the Kansas Prisoner Review Board violated due process when it rescinded his parole last year.
Cowley County has jurisdiction in the case because Nelms is currently housed at the Winfield Correctional Facility.
In a memorandum decision filed last week in district court in Arkansas City, Judge Christopher E. Smith said the board improperly relied on public opposition — without presenting evidence — when it reversed a previously approved parole decision.
Nelms had also asked the court to overturn the board’s decision and reinstate his parole, but the judge stopped short, instead ordering a new hearing that meets legal standards.
Nelms was convicted in the 1978 killing of Kansas Highway Patrol Trooper Conroy O’Brien, a case that has fueled decades of opposition from law enforcement. His parole approval earlier this year triggered swift backlash across Kansas, including calls from Gov. Laura Kelly and other officials for the board to reverse course.
He had been granted parole April 8 of last year with a release date on or after August 1, 2025. The decision was rescinded weeks later following that backlash, including opposition from the Kansas Highway Patrol and elected officials.
But the court found the board’s reasoning did not meet legal standards.
“The Board’s stated reason for rescission was ‘community opposition,’” the ruling states, noting that such opposition — especially when already known prior to the parole grant — does not qualify as new information or valid grounds for rescinding parole.
The judge also pointed to a lack of evidence presented at the May 16 special hearing. Continue below ad.
According to the ruling, the board acknowledged no testimony or evidence was introduced and that Nelms was simply informed of public backlash.
Without evidence, the court said, Nelms was denied a meaningful opportunity to challenge the case against him.
The court further noted the board did not tie community concerns to Nelms’ proposed parole plan, which involved relocating out of state to live with family.
The case was remanded to the Kansas Prisoner Review Board for a new hearing that complies with due process requirements.
The board must:
- Hold a new hearing within 30 days
- Provide at least seven days’ notice
- Disclose evidence in advance
- Present evidence supporting any rescission
- Allow Nelms to confront and cross-examine witnesses
The ruling also makes clear that generalized public opposition alone cannot be used as the basis for denying parole.
If the board fails to comply, the court indicated further action could include reinstating the original parole decision.
