In re Cousins
Petitioner is serving a life term in state prison following his conviction for the 1977 robbery-murder. This appeal arose from petitioner’s petition for writ of habeas corpus, challenging the finding by the Board of Parole Hearings (the Board) at petitioner’s annual parole hearing in 2003 that he was unsuitable for parole. The superior court granted the habeas writ and ordered the Board to conduct a new hearing within 60 days.
After the parties had fully briefed the appeal, court granted Cousins’s motion to continue oral argument. The parties subsequently informed this court that the Board had conducted another annual parole hearing where the Board found Cousins suitable for parole and set a release date. The Governor issued a statement reversing the Board’s decision. Cousins filed a motion requesting (1) his immediate release on parole, and (2) leave to supplement the appellate record with two documents, a copy of the transcript of the Board’s 2006 parole hearing in which a release date was set and the Governor’s 2006 statement reversing the Board’s decision.
Court reversed the superior court’s judgment and remanded this matter with directions to the superior court to vacate its order for a new parole hearing as being moot.
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