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Marilee Marshall and Associates
Attorneys at Law
Exclusively Criminal Defense Trials and Appeals

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New Parole Board Hearings Ordered by Superior Court:


In re Ayala (and see below for appellate court decision)

In re Aldridge

In re Brown

In re Chacon

In re Dyer

In re Jenkins

In re Galang

In re Wilks Jackson

In re Johnson

In re Mack

In re Motley

In re Thomas

In re Zeigler

Governor's Denial of Parole Overturned by Superior Court

In re Infinity

In re Barela

In re Antonio Chavez

In re Cesar Chavez (and see below for appellate court decision)

In re De La Bercena

In re Ducksworth

In re Hairston

In re Jackson

In re Orozco

In re Perez

In re Ramirez

"The Petition for writ of habeas corpus is granted.
As nothing in the record suggests that the Petitioner is unsuitable for parole, the Governor's reconsideration would be futile. The Governor is ordered to vacate his decision and the Board's January 28, 2009 decision is hereby reinstated. The Petitioner is ordered released in accordance with the parole date that the Board calculated." See the Courts of Appeal decision below reaffirming the Superior Court.

See the Appeals Court decision below denying state's appeal of this case.

In re Sass

See the Appeals Court decision below upholding this judgment, vacating the Governor's denial and reinstating parole date.

In re Stinson

Governor's decision overturned and original parole date reinstated.

In re Zeigler

This is the same case as Zeigler above. The parole board granted him parole after the first case, the governor overturned their decision and the Court then ordered his release on the grounds that the governor did not cite "some evidence" justifying his decision.

Also see in re Smith below where our firm obtained a writ of habeas corpus for Richard Smith, the governor subsequently pulled the parole date and the Orange County Superior Court graned a further writ overturning the governer but remanding it to him. The governor again pulled the date. Our firm once more took the case to the Superior Court. The Court reinstated the parole date, this time not remanding it to the governor.

Court of Appeal Grants Petitions for Writs of Habeas Corpus and Orders Release Unless Board Finds New Evidence That Prisoner Currently Poses an Unreasonable Risk of Danger to Society if Released on Parole:

In re De la Bercena

Court of Appeal Orders New Parole Board Hearing and Release Unless New Evidence is Found:

In re Jackson: Court of Appeal

In re Smith

Dr. Richard Smith, at the time a professor of philosophy, was sentenced to seventeen years to life for second degree murder in 1986. Since the Appellate Court decision reproduced here the Parole Board found him suitable and granted him parole. The Governor subsequently pulled the date. The governor's decision was subsequently overturned by the Orange County Superior Court.

The Superior Court Decision in re Smith overturning governor's decision..

The governor subsequently pulled the date again. The Superior Court then reinstated the parole date, this time not remanding it to the governor.

Superior Courth Decision reinstating the parole date, overturning the governor, this time not remanding it to him

Dr. Smith was released on parole July 19, 2010! Many others whose cases are listed here have also been released.

 

Court of Appeal affirms Superior Court’s granting of habeas petition, thus reinstating parole date:

In re Ayala (Court of Appeals)

In re Barela (Court of Appeals)

In re Cesar Chavez

In re Martinez

In re Ramirez (Court of Appeal)

In re Sass

 

 

 

Criminal Law  •  Trials   •   Appeals   •   Writs    

Special Expertise in Murder and other Serious Felonies


 

 

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