In re Staben
In this matter, we are called upon to determine, first, whether any evidence supports the decision by the Governor reversing a ruling of the Board of Parole Hearings (the Board) finding an inmate to be suitable for parole. The issue is potentially complicated by the fact that a court--in fact this court--has essentially mandated the finding of suitability. Next, we must determine whether a decision of the Board fixing an inmate's term for the purpose of establishing a release date may be challenged as inconsistent with an earlier term-fixing decision. In the unique circumstances of this case, we answer the first question in the negative and the second in the affirmative. Accordingly, we grant relief.
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