California Court of Appeal

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In re Burdan, C056099

In a case where the governor of California reversed a parole board's decision to grant a prisoner's release on parole on grounds that his release would pose an unreasonable risk to public safety because of the grave" nature of the conviction offense, prisoner's petition for writ of habeas corpus is granted where the governor's decision was not supported on the record, even under the deferential "some evidence" standard to withstand scrutiny.

Appellate Information

  • Decided 03/24/2008
  • Published 03/24/2008

Judges

  • HULL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Michael Satris, Bolinas, under appointment by the Court of Appeal, for Petitioner.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jennifer A. Neill, Supervising Deputy Attorney General, and Pamela B. Hooley, Deputy Attorney General, for Respondent.
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