(DOWNLOAD) "In Re Smith" by California Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: In Re Smith
- Author : California Court of Appeals
- Release Date : January 05, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Mark Smith was convicted of second degree murder and sentenced to an indeterminate prison term of 16 years to life. Three years ago, the Board of Prison Terms found Smith suitable for parole and set a parole date. The Governor reviewed the Board's decision and reversed it, finding Smith was not suitable for parole. Smith challenged that decision by way of a petition for a writ of habeas corpus, which was granted, and the matter is now before us on the Governor's appeal. The issue before us is the same as the issue before the trial court --whether the Governor's decision is supported by "some evidence." (In re Rosenkrantz (2002) 29 Cal.4th 616, 626.) As did the trial court, we conclude that it was not and therefore affirm the order.
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