In re Kang
After killing a visiting Korean businessman in 1993 by stabbing him approximately 40 times in his hotel room, petitioner Hui Kyung Kang pleaded guilty to second degree murder and was sentenced to 16 years to life in the state prison. Following a parole hearing held on January 6, 2011, the Board of Parole Hearings (the Board) found that Kang was unsuitable for parole because she would pose an unreasonable risk of danger if released from prison. Kang challenged the Board’s decision by filing a petition for a writ of habeas corpus in the superior court. The superior court granted the habeas corpus petition, vacated the Board’s decision, and remanded the matter to the Board with directions to provide Kang with “a new hearing comporting with due process.â€
On appeal, Acting Warden Deborah Johnson (the Warden) contends that the superior court erred because some evidence supports the Board’s finding that Kang would pose an unreasonable risk of danger if released from prison. For the reasons stated below, we conclude that under the deferential standard of review established by the California Supreme Court in In re Lawrence (2008) 44 Cal.4th 1181 (Lawrence) and In re Shaputis (2008) 44 Cal.4th 1241 (Shaputis I) and clarified in In re Shaputis (2011) 53 Cal.4th 192 (Shaputis II), some evidence supports the Board’s decision. Therefore, we will reverse the superior court’s order and remand the matter to the superior court with directions to issue a new order denying the petition for writ of habeas corpus.
Comments on In re Kang