California Court of Appeal
Schoenfeld v. Bd. of Parole Hearings, A128543
In defendant's petition for a writ of ordinary mandamus challenging the Board of Parole Hearings' order setting a rescission hearing for August 14, 2009, claiming that the 2008 suitability finding was "final" and thus precluded the Board from taking any action on August 14, 2009, is denied where: 1) the Board has authority to schedule a rescission hearing as there is nothing in either the language of the 2001 amendment to Penal Code section 3041 or in the legislative history, indicating the Legislature intended to trifle with the Board's fundamental jurisdiction to reconsider parole decisions; and 2) defendant's ex post facto claim is without merit because the Board always had the authority it exercised in this case.
Appellate Information
- Decided 01/19/2011
- Published 01/19/2011
Judges
- Banke
Court
- California Court of Appeal
Counsel
- For Appellant:
- Scott D. Handleman, Edmund G. Brown, Jr.