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IN RE PRATHER

Nos. S172903, S173260.

50 Cal.4th 238 (2010)

112 Cal. Rptr. 3d 291

234 P.3d 541

In re MICHAEL B. PRATHER on Habeas Corpus. In re MIGUEL MOLINA on Habeas Corpus.

Supreme Court of California.

July 29, 2010.

Attorney(s) appearing for the Case

Rich Pfeiffer, under appointment by the Supreme Court, for Petitioner Michael Prather.

Michael Satris, under appointment by the Supreme Court, for Petitioner Miguel Molina.

Munger, Tolles & Olson, Leo Goldbard; Cuauhtemoc Ortega; Alan L. Schlosser; Peter Eliasberg; and David Blair-Loy for ACLU of Northern California, ACLU of Southern California and ACLU of San Diego and Imperial Counties as Amici Curiae on behalf of Petitioner Miguel Molina.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Manuel M. Medeiros, State Solicitor General, Donald E. de Nicola, Deputy State Solicitor General, Julie L. Garland, Assistant Attorney General, Jennifer A. Neill, Heather Bushman, Anya M. Binsacca, Gregory J. Marcot and Amanda Lloyd, Deputy Attorneys General, for Plaintiff and Respondent Warden Ben Curry.

OPINION

GEORGE, C. J.—

We granted review in these two cases to determine the proper scope of an order directed to the Board of Parole Hearings (the Board) when a reviewing court concludes that a decision to deny parole by the Board is not supported by "some evidence" that a prisoner remains a current threat to public safety. After the completion of briefing, we consolidated these matters for purposes of oral argument and decision.

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