California Court of Appeal

Trial court's order directing the Board of Parole Hearings to conduct a new parole suitability hearing is affirmed and modified where: 1) the Board's decision identified immutable factors but did not expressly rely upon plaintiff's lack of insight or ability to conform his behavior to the law upon release; and 2) the Board failed to relate the identified immutable factors to circumstances that would make them probative of plaintiff's current dangerousness.

Appellate Information

• Decided 04/07/2009
• Published 04/07/2009

Judges

• ELIA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jennifer A. Neill and Anya M. Binsacca, Supervising Deputy Attorneys General, and Denise A. Yates, Deputy Attorney General, for Appellant.


• For Appellees:
  
• Sanders & Associates and Steven C. Sanders, West Sacramento, for Respondent.