Arnie the Jerkenator

[madmusic]

Case Name: In re Lee , District: 2 DCA , Division: 8 , Case #: B188831
Opinion Date: 10/17/2006 , DAR #: 13961
Case Holding:
The Governors denial of parole must be supported by some evidence that the prisoners release would unreasonably endanger public safety. Petitioner sought a writ of habeas corpus ordering his release on parole after the Governor reversed the BPTs recommendation to grant him parole. The appellate court granted the writ and ordered his release. There was no evidence that Lee, who was 81 years old, ill, and completely disabled, would endanger the public if released. The reasons the Governor cited for denying parole (the nature of Lees crimes, which involved shooting the victim in the head three times) did not change these facts or show that Lees release would endanger the public.