IN RE SHAPUTIS

No. S188655.

53 Cal.4th 192 (2011)

134 Cal. Rptr. 3d 86

265 P.3d 253

In re RICHARD SHAPUTIS on Habeas Corpus.

Supreme Court of California.

December 29, 2011.


Attorney(s) appearing for the Case

Michael Evan Beckman ; Law Office of Marc Elliot Grossman and Marc Elliot Grossman for Petitioner Richard Shaputis.

Michael Satris ; Daniel Broderick , Federal Defender (Eastern District of California) and Monica Knox , Assistant Federal Defender, as Amici Curiae on behalf of Petitioner Richard Shaputis.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Manuel M. Medeiros , State Solicitor General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Anya M. Binsacca , Julie A. Malone and Charles Chung , Deputy Attorneys General, for Respondents Warden James D. Hartley and the Board of Parole Hearings.

W. Scott Thorpe ; Bonnie M. Dumanis , District Attorney (San Diego) and Richard J. Sachs , Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Respondents Warden James D. Hartley and the Board of Parole Hearings.


OPINION

CORRIGAN, J.

Here we reaffirm the deferential character of the "some evidence" standard for reviewing parole suitability determinations. Whether to grant parole to an inmate serving an indeterminate sentence is a decision vested in the executive branch, under our state Constitution and statutes. The scope of judicial review is limited. The "some evidence" standard, which we articulated...

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