Supreme Court of California

The Board of Prison Terms proceeded lawfully when, without comparing defendant's crime to other second degree murders, it found defendant unsuitable to receive a fixed and "uniform" release date, as a danger to public safety, based on evidence that his crime indicated exceptional callousness and cruelty.

Appellate Information

• Decided 01/24/2005
• Published 01/24/2005

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Assistant Attorney General, Allen R. Crown, Acting Assistant Attorney General, Susan Duncan Lee and Matthew D. Mandelbaum, Deputy Attorneys General, for Appellant the People., Bonnie M. Dumanis, District Attorney (San Diego), George M. Palmer, Head Deputy District Attorney, Richard J. Sachs, Deputy Distrust Attorney;  and David R. LaBahn for California District Attorneys Association as Amicus Curiae on behalf of Appellant the People.


• For Appellees:
  
• Kathleen Kahn, San Francisco, under appointment by the Supreme Court, for Respondent John E. Dannenberg.