[Download] "In Re Mcclendon" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: In Re Mcclendon
- Author : Colorado Supreme Court
- Release Date : January 13, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Petitioner Barney McClendon is serving a prison sentence of 15 years to life for the 1981 murder of his wife, enhanced two years for firearm use in committing the offense. The Governor found that petitioner is unsuitable for parole and reversed a decision of the Board of Prison Terms (Board) approving parole. Petitioner sought judicial review of the Governors denial of parole. The superior court found that the Governors decision lacked evidentiary support and granted a petition for writ of habeas corpus ordering petitioners release on parole. The superior courts order predated issuance of In re Rosenkrantz, in which our Supreme Court elucidated the standards for reviewing a decision by the Governor finding that a prisoner is unsuitable for parole. (In re Rosenkrantz (2002) 29 Cal.4th 616.) Viewed under the proper review standards, the Governors decision is supported by the evidence. Accordingly, we reverse the superior courts order releasing petitioner on parole.