California Court of Appeal

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In re Burdan, C056099

Parole Board's decision to grant parole to a convicted second-degree murderer is reinstated. The Governor's decision to overrule that grant, on grounds that Petitioner would pose an unreasonable risk to public safety due to the "grave" nature of his conviction offense, is not supported on the record, even under the deferential "some evidence" standard of review.

Appellate Information

  • Decided 12/12/2008
  • Published 12/12/2008

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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