Legal Opinion
In Re Smith
California Court of Appeal
Decided June 5, 2003No. B157419PublishedCited by 18 opinions
1Opinion of the Court
Opinion
VOGEL (MIRIAM A.), J.
Mark Smith was convicted of second degree murder and sentenced to an indeterminate prison term of 16 years to life. Three years ago, the Board of Prison Terms found Smith suitable for parole and set a parole date. The Governor reviewed the Board’s decision and reversed it, finding Smith was not suitable for parole. Smith challenged that decision by way of a petition for a writ of habeas corpus, which was granted, and the matter is now before us on the Governor’s appeal. The issue before us is the same as the issue before the trial court—whether the Governor’s…
2Cases cited3 opinions
- Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
- In Re RosenkrantzCalifornia Supreme Court · 2002
- In Re CapistranCalifornia Court of Appeal · 2003
3Cited by18 opinions
- Miller v. DavisCourt of Appeals for the Ninth Circuit · 2008
- McQuillion v. SchwarzeneggerCourt of Appeals for the Ninth Circuit · 2004
- Carl D. McQuillion v. William Duncan, WardenCourt of Appeals for the Ninth Circuit · 2003
- McQUILLION v. SCHWARZENEGGERCourt of Appeals for the Ninth Circuit · 2004
- Pirtle v. California Board of Prison TermsCourt of Appeals for the Ninth Circuit · 2010
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