Sunday, April 25, 2010

4/9/10 Mr. Jimenez found Suitable - Reversing the BOARD's Decision

Another win for the inmates at Chuckawalla Valley State Prison (CVSP).
Our office was successful in getting Mr. Jimenez found suitable through the Court of Appeals. He will be having a new hearing in June 2010 to calculate his Parole Release Date.


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B218498
(Los Angeles County and Super. Ct. Nos. KA014004, BH005965)

ORIGINAL PROCEEDING; petition for writ of habeas corpus.
Patricia M. Schnegg, Judge. Petition granted.
Diane T. Letarte, under appointment by the Court of Appeal for Petitioner.
Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Senior Assistant Attorney General, Julie A. Malone, Supervising Deputy Attorney General, Amy M. Roebuck, Deputy Attorney General, for Respondent.
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Petitioner Hugo Jimenez seeks review of a September 10, 2008 decision of the Board of Parole Hearings (Board) finding him unsuitable for parole. He contends the Board’s decision is not supported by some evidence of his current dangerousness. (In re Lawrence (2008) 44 Cal.4th 1181.) We agree, and grant the petition.
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CONCLUSION

The petition for writ of habeas corpus is granted, and the Board of Parole Hearing’s September 10, 2008 decision is vacated. The Board is directed to find Jimenez suitable for parole unless, within 30 days of the finality of this decision, the Board holds a parole suitability hearing and finds, based on new evidence, that Jimenez currently poses an unreasonable risk of danger to society if released on parole.
NOT TO BE PUBLISHED.