Menefield v. Brown CA3
This case is about what information the Governor and Board of Parole Hearings (collectively, the board) may consider when determining whether a person convicted of a crime punishable with an indeterminate life sentence is suitable or unsuitable for parole.
Plaintiff James Menefield first contends that California Code of Regulations, title 15, section 2402 (section 2402) conflicts with the text of Penal Code section 3041, subdivision (b) because the regulation allows the board to consider factors other than “the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses” in determining parole suitability. (Pen. Code, § 3041, subd. (b)(1).) In addition, he argues that the board’s current practice of denying parole to life prisoners based on minor and administrative misconduct violates the due process rights of inmates.
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