California Court of Appeal

Trial court's grant of defendant's petition for writ of habeas corpus, challenging the Governor's reversal of a decision by the Board of Parole Hearings to grant parole, is affirmed where: 1) there is no evidence that defendant currently poses an unreasonable risk to public safety; and 2) a remand to the Governor is not the proper remedy as a remand to the Governor after his determination is found lacking in some evidence of current dangerous is inconsistent with the requirement that the Governor state all of the reasons for his determination in the first instance, permit prompt review, comply with Constitutional mandates, and a predictable process, and is not required by Prather.

Appellate Information

• Decided 11/02/2010
• Published 11/02/2010

Judges

• WOODS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr, Nancy Tetreault