In re Butler

Opinion

RUBIN, Acting P. J .

The warden of Folsom State Prison appeals from the trial court order granting inmate Robert G. Butler’s habeas corpus petition to overturn the Governor’s denial of Butler’s release after the Board of Parole Hearings’ decision to parole Butler after 27 years in state prison for a double homicide. We agree with the warden that the Governor did not improperly rely on new evidence from outside the administrative record and that some evidence supports the Governor’s decision. We therefore reverse the judgment granting Butler’s habeas corpus petition. The effect of our…