Tuesday, March 16, 2010

In re Moses - March 16, 2010, Governor's Parole Date reversal found unacceptable

In re Moses - filed March 16, 2010,
Court of Appeal - First Appellate District, Division Two

Cite as A124814

SUMMARY: An inmate served 29 years of a 17-years-to-life prison term for second degree murder and had an exemplary prison record, and Governor’s asserted reasons for denying parole:

1) that the murder was "especially atrocious,"
2) that inmate had maintained claim of self-defense, and
3) that he "had a significant record of criminal violence"

The Governor's characterization are not supported by the evidence in the record, the inmate was entitled to release on parole.

DISPOSITION: The petition for writ of habeas corpus is granted. The Governor is hereby ordered to vacate his decision of June 23, 2008, which reversed the Board‘s July 2007 grant of parole. The Board‘s July 2007 grant of parole is reinstated. In the interests of justice, this opinion is made final as to this court seven days from the date of filing.

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