California Court of Appeal

Following the governor's decision finding petitioner unsuitable for parole, based on a finding that his release would pose an unreasonable risk of danger to society, a habeas petition challenging the decision is granted where the finding was not supported by "some evidence" as petitioner's crime was not "especially heinous" under the pertinent regulation.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• KITCHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rich Pfeiffer, under appointment by the Court of Appeal, for Petitioner Henry Richard Gray.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, and Heather Bushman, Deputy Attorney General, for Respondent State of California.