California Court of Appeal

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In re Coronel, H037166

Trial court's grant of defendant's petition for habeas relief from the Board of Parole Hearings' determination that defendant was not yet suitable for parole is affirmed and the decision of the Board vacated where: 1) the Board's decision to deny parole fails to meet due process standards, primarily because the Board failed to articulate a nexus between the factors cited in support of its decision and a conclusion of current dangerousness, as compelled by In re Lawrence and its companion case, In re Shaputis; and 2) while a demonstrated lack of insight into the factors that led to the commitment offense could favor an unsuitability finding in a particular case, it is not enough for the Board to conclude, without either evidentiary support or a nexus to current dangerousness, that a prisoner has failed to "come to grips" with his crime or the factors that led to it.

Appellate Information

  • Decided 11/06/2012
  • Published 11/06/2012

Judges

  • Marquez

Court

  • California Court of Appeal

Counsel

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