California Court of Appeal

On petition for a writ of habeas corpus asserting that an order of the Board of Parole Hearings (BPH) denying the petitioner an advanced parole hearing should be vacated, the petition is denied, as: 1) neither Penal Code section 3041.5 nor constitutional requirements of procedural due process require that, before the BPH rules on an inmate's application to advance a parole hearing date, the BPH must afford the inmate a hearing on that application; and 2) the BPH's decision denying the application was not a manifest abuse of discretion.

Appellate Information

• Decided 02/15/2012
• Published 02/15/2012

Judges

• Huffman

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rich Pfeiffer, Phillip Lindsay