In re Sheppard
Irving Sheppard, a California state inmate, was convicted by a jury of first degree murder in 1981 and again in 1991. Both times he was sentenced to a term of 29 years to life in state prison. Appellant, the acting warden of the correctional institution where Sheppard is incarcerated, appeals from an order of the Santa Clara County Superior Court granting habeas relief to Sheppard.
On appeal, the Board contends that its decision complies with due process requirements because it conducted an individualized analysis and its decision is supported by some evidence. The superior court's order restricting the Board's discretion when determining Sheppard's suitability for parole, and granting the petition without deciding whether two relevant factors constituted some evidence in support of unsuitability is contrary to law and should be reversed. Finally, Sheppard's challenge to the vagueness of Regulation section 2402 is without merit because this challenge is appropriate when addressing a criminal statutenot a regulation regarding parole suitability. The trial court's order granting Sheppard's writ of habeas corpus is reversed.
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