In re Criscione
Respondent, who is serving a life term for second degree murder, sought a writ of habeas corpus from the superior court after the Board of Prison Terms (the Board) denied him parole. Respondent alleged that he should be released because he was suitable for parole and had already served a prison sentence that exceeded the top of the second degree murder matrix. Criscione did not attach to his petition a transcript of the parole hearing or any of the evidence that was before the Board at the parole hearing. The superior court issued an order to show cause.
The Board failed to timely file a return, and instead sought an extension of time. The superior court refused to grant an extension of time, ruled that the Board was “in default” and granted the petition. It ordered a new parole hearing at which the Board would be barred from considering its previous findings and would be required to compare Criscione’s offense to the minimum necessary for first degree murder. The Board appeals. Court concluded that the allegations in respondent’s petition did not justify the superior court’s order granting the petition. Because one issue in respondent’s petition remains unresolved, it was necessary to remand the matter for further proceedings.
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