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Schoenfeld v. Bd. of Parole Hearings, A128543

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By FindLaw Staff on January 20, 2011 3:46 PM

Inmate's challenge to the parole board's order for a rescission hearing

Schoenfeld v. Bd. of Parole Hearings, A128543, concerned a defendant's petition for a writ of ordinary mandamus challenging the Board of Parole Hearings' order setting a rescission hearing for August 14, 2009, claiming that the 2008 suitability finding was "final" and thus precluded the Board from taking any action on August 14, 2009.

In denying the petition, the court held that the Board has authority to schedule a rescission hearing as there is nothing in either the language of the 2001  amendment to Penal Code section 3041 or in the legislative history, indicating the Legislature intended to trifle with the Board's fundamental jurisdiction to reconsider parole decisions.  Further, defendant's ex post facto claim is without merit because the Board always had the authority it exercised in this case.

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