Supreme Court of California

In habeas proceedings, the appellate courts' conclusions that the Parole Board abused its discretion in denying the prisoners a parole date is reversed as a decision granting habeas corpus relief challenging the Board's determination that a prisoner remains currently dangerous generally should direct the Board to conduct a new parole-suitability hearing in accordance with due process of law and consistent with the decision of the court and should not place improper limitations on the type of evidence the Board is statutorily obligated to consider. Here, the appellate courts in the these two cases improperly restricted the Board's exercise of its discretion by directing that only certain evidence be considered at the parole suitability hearing of a petitioner, and by ordering the release of another petitioner without further proceedings.

Appellate Information

• Decided 07/29/2010
• Published 07/29/2010

Judges

• GEORGE, C. J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Rich Pfeiffer, Edmund G. Brown, Jr.