California Court of Appeal

Grant of habeas petition vacating governor's decision to reverse the Board of Parole Hearings' determination that petitioner is suitable for parole is reversed where, applying the "extremely deferential" standard of review of the governor's decision compelled by In re Rosenkrantz, 29 Cal.4th 616 (2002), the factual basis on which the governor relied to deny parole was: 1) tailored to petitioner; 2) gave due consideration to the factors the governor is required to consider; and 3) drawn from the record before the Board and is supported by "some evidence" in that record.

Appellate Information

• Decided 08/28/2007
• Published 08/28/2007

Judges

• WILLHITE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Julie L. Garland, Assistant Attorney General, Anya M. Binsacca and Amanda Lloyd, Deputy Attorneys General, for Appellant.


• For Appellees:
  
• Jeffrey A. Lowe, under appointment by the Court of Appeal, for Respondent.