Supreme Court of California

The judgment of the Court of Appeal is reversed to the extent it vacates the Parole Board's order deferring defendant's next parole hearing in accordance with the terms of The Victims' Bill of Rights Act of 2008: Marsy's Law, where: 1) the changes to the parole process effected by Marsy's Law that increase the period of time between parole hearings do not, on their face, create a significant risk that life prisoners' incarceration will be prolonged; 2) Marsy's Law is not invalid as applied to defendant; and 3) defendant failed to raise his contention that the law violates ex post facto principles as it is being applied to life prisoners whose commitment offenses occurred before the passage of Marsy's law previously and the evidence of which he seeks judicial notice does not provide a basis for the court to address the issue.

Appellate Information

• Decided 03/04/2013
• Published 03/04/2013

Judges

• CANTIL-SAKAUYE

Court

• Supreme Court of California

Counsel