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IN RE SHAPUTIS

No. S155872.

44 Cal.4th 1241 (2008)

In re RICHARD SHAPUTIS on Habeas Corpus.

Supreme Court of California.

August 21, 2008.

Attorney(s) appearing for the Case

Law Offices of Marc Elliot Grossman, Marc Elliot Grossman; and Monica Knox, Assistant Federal Defender, for Petitioner Richard Shaputis.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Anya M. Binsacca, Heather Bushman and Amanda Lloyd, Deputy Attorneys General, for Respondent State of California.

John R. Poyner, District Attorney (Colusa); Bonnie M. Dumanis, District Attorney (San Diego); Albert C. Locher, Assistant District Attorney (Sacramento); Richard J. Sachs, Deputy District Attorney (San Diego); and W. Scott Thorpe for California District Attorneys Association as Amicus Curiae on behalf of Respondent State of California.

OPINION

GEORGE, C. J.

In 1987, Richard Shaputis (petitioner) was convicted of the second degree murder of his wife, Erma, and was sentenced to an indeterminate term of imprisonment of 15 years to life in prison, and an additional two years because of his use of a firearm in the commission of the offense. In 2006, after several unfavorable parole hearings before the Board of Parole Hearings (Board)1 and rulings by...

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