Friday, June 11, 2010

3/25/10 In re Loresch - Denial of parole to a life prisoner may not be based on the aggravated nature of the crime, by itself!

Case Holding:

Denial of parole to a life prisoner may not be based on the aggravated nature of the crime, by itself, as "some evidence" of current dangerousness. The Governor reversed a decision by the Board of Parole Hearings to grant Loresch parole. The Governor's order rested solely on the aggravated nature of the murder and speculation that the inmate could relapse and render him currently dangerous.

The appellate court rejected the Governor's argument that the remedy, should the petition for writ of habeas corpus be granted, would be to remand for the Governor's further consideration. The opinion implores the Governor to reconsider his views and moderate them so as to restore confidence in the board's determination and stop second guessing parole-suitability determinations made by the experts.

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