California Court of Appeal

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In re Montgomery, B192544

Order granting habeas petition and directing that petitioner be released is affirmed as the governor's decision to reverse the Board of Parole Hearing's finding that petition was suitable for parole, based solely on the gravity of the offense, cannot withstand especially close scrutiny.

Appellate Information

  • Decided 11/07/2007
  • Published 11/07/2007

Judges

  • PERREN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rich Pfeiffer, for Petitioner Michael Montgomery.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Collette C. Cavalier, Deputy Attorney General, for Respondents Arnold Schwarzenegger, Governor, State of California;  Kathy Mendoza-Powers, acting Warden, Avenal State Prison;  and James E. Tilton, Secretary, California Department of Corrections and Rehabilitation.
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