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IN RE MASONER

No. B205410.

172 Cal.App.4th 1098 (2009)

___ Cal.Rptr.3d ___

In re JAMES MASONER, on Habeas Corpus.

Court of Appeals of California, Second District, Division Three.

April 2, 2009.

Attorney(s) appearing for the Case

Daniel Broderick, Federal Defender, and Monica Knox, Assistant Federal Defender, for Petitioner James Masoner.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie J. Garland and Kim Aarons, Deputy Attorneys General, for Respondent State of California.

OPINION

KLEIN, P. J.—

Respondent and appellant, Board of Parole Hearings (hereafter, the Board), appeals from the superior court's order granting habeas corpus relief to petitioner and appellee, James Masoner. After concluding the Board's 2005 decision to deny parole was not supported by some evidence, the superior court granted the habeas corpus petition and ordered that Masoner be released from custody. In its appeal, the Board contests...

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