Legal Opinion
In Re Powell
California Supreme Court
Decided June 27, 1988No. Crim. 24441PublishedCited by 44 opinions
1Opinion of the Court
Opinion
MOSK, J.
Today we are called upon to determine (1) the standard of review to be applied to a parole date rescission by the Board of Prison Terms (BPT or board)1 and (2) the sufficiency of the evidence in the present case when viewed in light of that standard.
In 1977 the BPT granted petitioner Gregory Ulas Powell a 1983 parole release date. About one year before Powell was to be released, the BPT rescinded the parole date. After exhausting his administrative remedies, Powell sought a writ of habeas corpus. The superior court, applying the independent judgment standard of review,…
2Cases cited20 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
- Bixby v. PiernoCalifornia Supreme Court · 1971
- Teel v. GaskillCalifornia Supreme Court · 1944
- In Re HochbergCalifornia Supreme Court · 1970
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3Cited by44 opinions
- In Re RosenkrantzCalifornia Supreme Court · 2002
- In Re DannenbergCalifornia Supreme Court · 2005
- Carl D. McQuillion v. William Duncan, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
- Miguel Rosas v. James NielsenCourt of Appeals for the Ninth Circuit · 2005
- Steven H. Caswell v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 2004
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