New Parole Board Hearings Ordered by Superior Court:
In re Ayala (and see below for appellate court decision)
Governor's Denial of Parole Overturned by Superior Court
In re Cesar Chavez (and see below for appellate court decision)
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.
See the Appeals Court decision below upholding this judgment, vacating the Governor's denial and reinstating parole date.
Governor's decision overturned and original parole date reinstated.
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:
Court of Appeal Orders New Parole Board Hearing and Release Unless New Evidence is Found:
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 governor subsequently pulled the date again. The Superior Court then reinstated the parole date, this time not remanding it to the governor.
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:
Criminal Law • Appeals • Writs
Special Expertise in Murder and other Serious Felonies