In re Hyde
On November 9, 2005, pursuant to Penal Code sections 3041 and 3042,[1]the Board of Parole Hearings (the Board) found Paul Hyde, a prisoner confined in the California Department of Corrections and Rehabilitation, unsuitable for parole and declined to set a parole date. Hyde filed a timely petition for a writ of habeas corpus in the Los Angeles County Superior Court challenging the sufficiency of the evidence supporting the Boards decision. On January 3, 2007, the superior court issued an order granting the petition. The People of the State of California appeal from the January 3, 2007, order.[2]
The People contend that the superior court ignored the relevant standard of judicial review and that the Boards decision Hyde was unsuitable for parole is supported by some evidence, which is all that is required to satisfy the requirements of due process.
Court find merit in the Peoples contention and reverse the superior courts order, thereby reinstating the Boards decision.
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