In re Juarez (2010) 182 Cal.App.4th 1316
Mar 16, 2010OUTCOME: Petition for writ of habeas corpus granted.
The First District Court of Appeal, held in a published decision that: 1) Parole Board failed to give requisite individualized consideration to prisoner's case; 2) Board failed to articulate rational n ... exus between prisoner's claimed inability to recall details of offenses and current dangerousness; 3) there was no evidence that prisoner carried out his commitment offense in an especially heinous manner; 4) there was no rational nexus between nature of prisoner's commitment offense and current dangerousness; 5) prisoner did not meet unsuitability factor of having “attacked or killed” multiple victims in same incident; 6) prisoner did not meet unsuitability factor of having committed offense with “inexplicable” motive; 7) there was no rational nexus between prisoner's prior criminal history and current dangerousness; and 8) proper remedy was to direct Board to find prisoner suitable for parole unless new evidence showed unreasonable risk to society.
