California Court of Appeal

In defendant's petition for habeas relief, claiming that the Board of Parole Hearings' decision finding him unsuitable for parole for the fifth time denied him due process, superior court's grant of the petition is reversed as defendant's decision before the Board, electing to waive his right to a determination of suitability and stipulation to a period of unsuitability, renders the trial court's order moot. However, if a "lack of insight" is invoked as a reason to deny parole, that finding must be based on a factually identifiable deficiency manifested by the inmate concerning a matter of probative significance on the issue of current dangerousness.

Appellate Information

• Decided 11/09/2010
• Published 11/09/2010

Judges

• RUSHING

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Charles F.A. Carbone, Edmund G. Brown, Jr.