California Court of Appeal

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In re Lugo, A114111, A118706

In a habeas class action on behalf of parole-eligible life prisoners involving, inter alia, efforts to reduce the backlog of parole suitability hearings, an order by the trial court in the matter is affirmed with respect to an attorney's fee award but reversed to the extent the order required the Board "not to deny further parole consideration for more than one year in the case of prisoners who have formerly been denied for one year, in the absence of a significant change in circumstances, which must be stated on the record." A separate order is reversed to the extent it related to the preparation of parole hearing transcripts or imposed penalties for the untimely preparation of such transcripts.

Appellate Information

  • Decided 07/21/2008
  • Published 07/22/2008

Judges

  • McGUINESS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and David S. Chaney, Chief Assistant Attorneys General, Julie Garland and Frances T. Grunder, Assistant Attorneys General, Jennifer A. Neill, Thomas J. Patterson, Rochelle C. East, Patricia Webber Heimand Damon G. McClain, Deputy Attorneys General, for Plaintiff and Appellant.

  • For Appellees:
  • Prison Law Office and Donald Specter, UnCommon Law, San Quentin, and Keith Wattley, for Defendant and Respondent.
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