IN RE ROSENKRANTZ

No. S104701.

128 Cal.Rptr.2d 104 (2002)

29 Cal.4th 616

59 P.3d 174

In re Robert ROSENKRANTZ, on Habeas Corpus.

Supreme Court of California.

Certiorari Denied April 21, 2003.


Attorney(s) appearing for the Case

Rowan K. Klein, Los Angeles; Prison Law Office, Donald Specter, San Quentin, Zachary Katznelson; Munger, Tolles & Olson, Alan V. Friedman and Mark H. Epstein, Los Angeles, for Petitioner Robert Rosenkrantz.

Picone & DeFilippis and Steve M. DeFilippis as Amici Curiae on behalf of Petitioner Robert Rosenkrantz.

James F. Sweeney, Sacramento, for California Catholic Conference as Amicus Curiae on behalf of Petitioner Robert Rosenkrantz.

American Civil Liberties Union Foundation of Southern California, Mark D. Rosenbaum, Los Angeles; American Civil Liberties Union Foundation of Northern California, Alan L. Schlosser; Latham & Watkins, Peter A. Wald, San Francisco, Stephan E. Klein and Kyra G. Busby for Judge James Albracht, Allen Breed, Raymond Procunier, the California Council of Churches, the Order of the Society of Jesus, the Sisters of Saint Joseph of Carondelet-the Los Angeles Province Leadership and Justice Office, the Board of Rabbis of Northern California, the Directors of the Office of Detention Ministry of the Twelve Dioceses of the State of California, the Advisory Board of the Office of Detention Ministry, the Catholic Chaplains from the Los Angeles Archdiocese Serving the State and Local Prisoners and the California Coalition for Battered Women in Prison as Amici Curiae on behalf of Petitioner Robert Rosenkrantz.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Assistant Attorney General, Susan Duncan Lee and Robert D. Wilson, Deputy Attorneys General, for Respondent the People.

Jones & Mayer, Martin J. Mayer, Long Beach, and Michael R. Capizzi, Santa Ana, for California State Sheriffs Association, California Police Chiefs Association and California Peace Officer's Association as Amici Curiae on behalf of Respondent the People.

Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney, and Brentford J. Ferreira, Deputy District Attorney for California District Attorneys Association as Amicus Curiae on behalf of Respondent the People.

Daniel V. Felizzatto for Crime Victims United of California as Amicus Curiae on behalf of Respondent the People.

Robert S. Gerstein; Bien & Summers and Elliot L. Bien, Novato, for California Academy of Appellate Lawyers as Amici Curiae.


GEORGE, C.J.

In 1986, petitioner Robert Rosenkrantz was convicted of second degree murder and was sentenced to an indeterminate term of imprisonment for 15 years to life, plus two years because of his use of a firearm in the commission of the offense. In June 2000, after several hearings before the Board of Prison Terms (the Board) and rulings by the superior court and the Court of Appeal, the Board, in compliance with the mandate of an earlier judicial decision,...

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