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California Court of Appeal


In re Smith, C064700

In a petition for habeas relief from the conviction of petitioner for murder by strangulation, judgment of the parole board denying parole despite a stellar prison record is affirmed on the ground of executive prerogative where petitioner's clinching of his fists in apparent anger during parole hearing is some evidence that if released, petitioner would pose an unreasonable risk of danger to public safety.

Appellate Information

  • Decided 06/09/2011
  • Published 06/09/2011

Judges

  • RAYE

Court

  • California Court of Appeal

Counsel

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