California Court of Appeal

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IN RE SMITH, B157419

The Governor's decision that habeas petitioner was not suitable for parole is not supported by "some evidence," In re Rosenkrantz (2002) 29 Cal.4th 616, 626, thus the petition for a writ of habeas corpus is affirmed.

Appellate Information

  • Decided 06/05/2003
  • Published 06/05/2003

Judges

  • MIRIAM A. VOGEL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Rowan K. Klein, under appointment by the Court of Appeal, Los Angeles, Prison Law Office, Donald Specter, San Quentin, and Zachary Katznelson for Petitioner Mark Smith.

  • For Appellees:
  •  Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Susan Duncan Lee, Supervising Deputy Attorney General, and Diann Sokoloff, Deputy Attorney General, for Respondent the People.
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