In re Scott
Warden Ben Curry appeals from the trial courts August 25, 2009 order granting the habeas corpus petition of Darryl Scott. The trial courts order vacated Governor Arnold Schwarzeneggers September 10, 2008 reversal of the April 24, 2008 determination of the Board of Parole Hearings (the board) to parole Mr. Scott who was serving three concurrent prison terms. The basis of the gubernatorial reversal was: the especially atrocious nature of the killing and the extremely trivial nature of the motive; Mr. Scotts lacked insight into his crime; Mr. Scott would benefit from further self-help and group treatment; and, as a result, Mr. Scott posed a current unreasonable risk of danger to public safety. The Attorney General argues that some evidence supports the Governors decision. Court reverse the trial courts order and reinstate Governor Schwarzeneggers reversal of the boards parole decision.
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