California Court of Appeal

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In re Morganti, A132610

A superior court's decision granting habeas corpus relief from denial of parole is affirmed, where: 1) there was not even "some evidence" that the prisoner would pose an unreasonable risk of danger to the public if released on parole; 2) no evidence showed that the prisoner relied only on his religious faith to prevent relapse into substance abuse, so that his faith or the possible loss of it did not rationally indicate that he was currently dangerous; and 3) there was no nexus between the prisoner's lack of insight into the causative factors of his substance abuse and the parole board's conclusion that he would present an unreasonable risk to public safety if released on parole.

Appellate Information

  • Decided 03/28/2012
  • Published 03/28/2012

Judges

  • Richman

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Amber N. Wipfler, Michael Satris