California Court of Appeal

Defendant's petition for habeas relief challenging the Governor's reversal of the Parole Board's finding him suitable for parole from his 1989 second-degree murder conviction is granted as this case presents an "extraordinary" situation justifying the exercise of the court's constitutional prerogative as no court is better suited to first consider this petition and no court is more familiar with the intricate details of the case, and as such, this is one of the rare cases where the directive that "a habeas corpus petition challenging a decision of the parole board should be filed in the superior court" does not apply.

Appellate Information

• Decided 10/05/2010
• Published 10/05/2010

Judges

• Kline

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Chris R. Redburn, Edmund G. Brown