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IN RE MILLER

No. A114585.

52 Cal.Rptr.3d 256 (2006)

145 Cal.App.4th 1228

In re David MILLER, on Habeas Corpus.

Court of Appeal of California, First District, Division Three.

December 19, 2006.

Attorney(s) appearing for the Case

Jennifer F. Jennings, under appointment by the Court of Appeal for Defendant and Appellant, for Appellant David Miller.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Pamela Hooley, Deputy Attorney General, Patricia Webber Heim, Deputy Attorney General, for Respondent Kathy Mendoza-Powers, Warden at Avenal State Prison.

PARRILLI, J.

In this case, the Board of Parole Hearings (Board), in revoking parole, relied on unsworn hearsay statements without determining either the unavailability of the declarant or the reliability of the hearsay evidence. The Board also did not determine whether good cause existed to admit the hearsay by weighing factors favoring admitting the hearsay statements against the petitioner's right of confrontation...

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