IN RE MASONER

No. B218150.

179 Cal.App.4th 1531 (2009)

In re JAMES MASONER on Habeas Corpus.

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

December 11, 2009.


Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Assistant Attorney General, Heather Bushman and Kim Aarons, Deputy Attorneys General, for Appellant Ben Curry, Warden of Correctional Training Facility.

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


OPINION

KITCHING, J.

INTRODUCTION

In December 2007, the Board of Parole Hearings (Board) granted respondent James Masoner parole. Governor Arnold Schwarzenegger, however, reversed the Board's decision. Masoner then filed a petition for a writ of habeas corpus, which was granted by the superior court. Appellant Ben Curry, the warden of the prison where Masoner is incarcerated...

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