Thursday, December 2, 2010

In re Twinn 11/23/10 Minimization did not support - that inmate was a current danger!

Once again the "Governator- Arnold" gets Reversed by the Court who concurred with the Board's original suitability (for a release) recommendation.

We will see what JERRY BROWN will bring to the table for Lifers in 2011.


In re Twinn, District: 2 DCA , Division: 7 , Case #: B225943
Opinion Date: 11/23/2010 , DAR #: 17681

The Governor's reversal of the board's recommendation for parole required reversal where the petitioner's past minimization of his role in the crime did not support a finding that he was a current danger.

Appellant beat and killed a man who had assaulted his aunt. The coroner testified that while the death was immediately caused by the man's heart disease, the injuries from the beating contributed to the death. Appellant was convicted and sentenced to 15 years to life.

The Governor reversed the parole board's decision to grant parole based on the gravity of the commitment offense, lack of suitable post-release plans, and lack of insight since petitioner's statements in reports filed in 1991, 1995, and 2000 appeared to minimize his involvement in the offense. Appellant had commented that the death was accidental and caused by a heart attack.

Habeas proceedings ensued and the Court of Appeal reversed. The claim of inadequate post-release plans was not supported by some evidence because petitioner had a verified job offer and planned to live with his wife. And while there was a modicum of evidence in the record that appellant initially minimized involvement, the past minimization is not indicative of current dangerousness. Similarly, while there was some evidence to support the finding that the commitment offense was callous and cruel, there is no rational nexus between the offense and petitioner's current dangerousness.