California Court of Appeal

The Board of Parole Hearings' denial of parole to petitioner, who was sentenced to a term of 15 years to life for second degree murder, and who has been considered for an denied parole on five occasions, is vacated and petitioner is immediately granted parole, which shall be subject to review by the Governor, where: 1) the Board's decision violated petitioner's due process rights to a decision based on the evidence, not conjecture, and on consideration of all relevant suitability factors; 2) there is no evidence in the record rationally indicative of current dangerousness, and to the contrary, all of the evidence indicates petitioner was suitable for parole; and 3) the Board has failed to afford petitioner the hearing to which he is entitled, even after being ordered to do so, and ordering it to conduct yet another hearing with the attendant delay will only prolong the denial of petitioner's constitutional rights.

Appellate Information

• Decided 01/13/2015
• Published 01/13/2015

Judges

• Stewart

Court

• California Court of Appeal

Counsel