California Court of Appeal

Order granting petition for writ of habeas corpus and compelling the Board of Parole Hearings (Board) to provide petitioner a new parole consideration hearing is reversed, where: 1) the trial court exceeded its authority by framing a new issue for consideration and indicating it would "receive declarations from experts" and "references to academic materials;" 2) to the extent that the superior court resolved issues not explicitly or implicitly raised by the habeas petition, the court exceeded its authority; 3) none of the superior court's reasons for granting habeas relief withstand scrutiny; and 4) there was a rational nexus between the evidence and the parole panel's ultimate determination of current dangerousness; a modicum of evidence supported its decision to deny parole.

Appellate Information

• Decided 02/08/2013
• Published 02/08/2013

Judges

• ELIA

Court

• California Court of Appeal

Counsel