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IN RE SMITH

Nos. C064700, C065545.

196 Cal.App.4th 468 (2011)

In re Robert Smith on Habeas Corpus.

Court of Appeals of California, Third District.

June 9, 2011.

Attorney(s) appearing for the Case

Rich Pfeiffer and Brandie Grover Devall for Petitioner Robert Smith.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Julie L. Garland , Attorney General, Jennifer A. Neill , Christopher J. Rench , Jessica N. Blonien and Krista Leigh Pollard , Deputy Attorneys General, for Respondent The People.

OPINION

RAYE, P. J.—

When a prisoner convicted of murder by strangulation clenches both fists in apparent anger during a parole-suitability hearing, does his demeanor constitute some evidence that if released he would pose an unreasonable risk of danger to public safety? The Board of Parole Hearings (Board) denied petitioner Robert Smith parole after serving 29 years for the second degree murder of his wife, despite his perfect prison...

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