California Court of Appeal

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In re Elkins, A111925

Reversal by Governor of 2005 grant of parole by parole board -- from 1980 conviction of first degree murder and robbery, with use of a deadly weapon, and 25 years to life sentence -- is vacated and parole is reinstated as: 1) there is no rational support for the Governor's conclusion that petitioner's decade-long acceptance of full responsibility does not even weigh in favor of his parole; and 2) the Governor's decision reversing the Board's grant of parole on the basis of the facts of the offense lacks "some evidence" that granting parole posed an unreasonable risk of danger to society.

Appellate Information

  • Decided 10/31/2006
  • Published 10/31/2006

Judges

  • KLINE, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jeffrey David Elkins, in pro per., Michael Satris, by appointment of the Court of Appeal, Under the First District Appellate District, Bolinas, for Petitioner.

  • For Appellees:
  • Bill Lockyer, Attorney General, James M. Humes, Chief Asst. Atty. Gen., Frances T. Grunder, Sr. Asst. Atty. Gen., Anya M. Binsacca, Supervising Dep. Atty. Gen., Stan Helfman, Supervising Dep. Atty. Gen., Scott Mather, Deputy Attorney General, Denise A. Yates, Deputy Attorney General, for Respondent.
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