California Court of Appeal

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In re Masoner, B218150

In an appeal of an order granting a prisoner's petition for a writ of habeas relief after governor Schwarzenegger reversed the Board of Parole Hearings' granting prisoner parole, the order of the superior court is affirmed where: 1) the superior court's order reinstating the Board's decision does not divest the governor of his right to review the Board's parole decisions; 2) the superior court's order did not grant relief beyond the process due; 3) the superior court's order did not violate the separation of powers doctrine; and 4) allowing the governor an unlimited number of reviews of the Board's parole decision would violate a prisoner's due process rights and render the writ of habeas corpus meaningless.

Appellate Information

  • Decided 12/11/2009
  • Published 12/11/2009

Judges

  • KITCHING, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Assistant Attorney General, Heather Bushman and Kim Aarons, Deputy Attorneys General, for Ben Curry, Warden of Correctional Training Facility, Soledad, California., Daniel Broderick, Federal Defender, Monica Knox, Assistant Federal Defender, for James Masoner.

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