Wednesday, November 28, 2018

In re PALMER, No. A147177 / S252145 - Petition for Review Filed 10/23/18

 In re PALMER  [25 Cal App5th 120], No. A147177 / S252145 *** Status UPDATE ***

As a quick reminder on the In re Palmer  - it is a great Youth Offender Parole Hearing case Published September 13, 2018. Shortly after the decision came out -- it was sent up to the CA Supreme with the Filing of a Petition for Review (by opposing counsel (aka BPH)) on October 23, 2018. No Surprise here!

SUMMARY:   (see my prior BLOG post)
In re Palmer was  published in September 2018 by the First District Court of Appeal on what it means to give “great weight” to the youth offender factors at a youth offender parole hearing, and finding that the Board’s lip service to the youth offender factors in this case was insufficient. 
The Court held that “to give ‘great weight’ to the youth offender factors as required under section 4801, subdivision (c), the Board must accept those factors as indicating suitability for release on parole absent substantial evidence of countervailing considerations indicating unsuitability.”  It also holds that the Board is “required to satisfactorily explain why a youth offender is not entitled to a finding of suitability for release despite the presence of the statutory youth offender factors to which the Board is required to give ‘great weight.’”  
 
One of the interesting comments by Judge Kline in Palmer was the reference to the proposed Title 15 Ca. Code of Regs (CCR) 2440-2446 - which are still "in the making" by BPH for the Youth Offender Parole Hearings. The Youth Offender Regs are way overdue, in my opinion and many others. As you will notice below that comment [on proposed regs] did not go unnoticed by the Supreme Court. See the partial docket below of 11/26/18 on the Extension of time granted to December 7, 2018. This will give BPH a push to give priority to the new proposed youth offender Regs, which have been in the making for 4 years or so.

A second Note is the attempt [by BPH]  to "depublish" this great Youth Offender case. As you can see several agencies have pitched in to OPPOSE the depublication of the case.

Let's hope for the best on several fronts of this case... It appears there is more action to come in December stay tune... or  go to http://appellatecases.courtinfo.ca.gov/  using the search of In Re Palmer under the Supreme Court case #S252145


PROCEDURAL UPDATE of the case: 
 
 10/23/18       Petition for Review filed by BPH
 
 11/13/2018     Answer to petition for review filed by Petitioner  

11/13/2018     Request for depublication (petition for review pending)    

11/21/2018     Application for 14-day extension of time filed by  Petitioner

11/21/2018     Opposition to depublication request filed Pacific Juvenile Def. Ctr 
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11/26/2018     Extension of time granted The application for an extension of time is
granted to December 7, 2018. No further extensions of time are contemplated. In the reply to the answer to the petition for review, please also apprise the court of the following. 
 
1. What was the outcome of the December 6, 2018 parole suitability hearing for inmate Palmer? 
 
2. Was the December 6, 2018 hearing a regularly scheduled parole hearing, or an advanced hearing pursuant to Penal Code section 3041.5, subdivisions (b)(4) or (d)(1)? 
 
3. What formal action was taken, if any, at the Board of Parole Hearings' November 2018 Executive Board Meeting regarding proposed regulations for Parole Consideration Hearings for Youth Offenders (Cal. Code Regs., tit. 15, proposed §§ 2440-2446?)

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11/26/2018     Opposition to depublication request filed Dr. Kristen Bell Rstr. Justice

11/26/2018     Opposition to depublication request filed  by  Petitioner  
 
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In contacting BPH regarding Cal. Code Regs., tit. 15, proposed §§ 2440-2446 STATUS this was their comment:
 
"We [BPH] are in the final stages of updating these regulations so that they are in compliance with AB 1308 and SB 394, which both took effect on January 1, 2018.  We initially anticipated voting on and filing these regulations earlier this year, however, Senate Bill 1242 (Reg. Sess. 2017-2018) was introduced this year and, in its earlier drafts, it was making additional amendments to the youth offender statutes. Thus, we were forced to again delay the regulations pending the outcome of that bill.  However, the bill was ultimately amended and those changes were removed.  Therefore, we are now in the last stages of finalizing these regulations for presentation to the commissioners"
 
 
 
 
STAY TUNE FOR In re PALMER updates in Dec 2018 and onto early 2019 - let's hope for the best outcome to assist all the YOUTH OFFENDERs which will have their Parole hearing coming up in 2019....