In re Williams
On July 29, 2005, a panel of the Board of Parole Hearings (Board) denied petitioner Kenneth Williams parole for a period of two years. On April 28, 2006, petitioner filed a writ of habeas corpus in the superior court. On July 10, 2006, the superior court issued an order to show cause and appointed counsel for petitioner. On December 18, 2006, the superior court found that the Boards decision denying parole was not supported by some evidence, and ordered the Board to reconsider its decision and to conduct a new hearing within 45 days of service of this order to reconsider defendants suitability for parole using, without restriction, the factors deemed appropriate by the relevant statutes and regulations and in accordance with the requirements of due process. The Attorney General filed a timely appeal, and we issued a stay of supersedeas on February 27, 2007. The Attorney General contends the superior court erred by applying a more stringent standard of review of the Boards decision than that established by the Supreme Court in In re Rosenkrantz (2002) 29 Cal.4th 616 (Rosenkrantz). Court agree and reverse the superior court order.
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