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In re Gomez, G043001

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By FindLaw Staff on December 16, 2010 3:17 PM

Challenge to the Governor's reversal of parole board's suitability for parole finding

In re Gomez, G043001, concerned a defendant's request for habeas relief, challenging the Governor's reversal of the findings of the Board of Parole Hearings that he was suitable for parole.  In granting the relief, the court held that twice, the Governor has reversed the Board based solely on the existence of two "immutable factors" which are unsupported by the record, and which amount to a rote recitation of factors the Governor believes are suggestive of risk.  The court also held that the Governor has failed to articulate any rational nexus between his reasons for reversing the Board's grant of parole, and any unreasonable risk of danger to public safety posed by defendant's release.  However, the court held that defendant is not entitled to credit allowing him an early discharge.

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  • Read the Full Decision in In re Gomez, G043001

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