Board of Parole Hearings v. Superior Court

Opinion

ELIA, J.

In this original proceeding, this court is asked to decide whether an order of the Santa Clara County Superior Court (respondent court) impermissibly limits the discretion of the Board of Parole Hearings (the Board) when conducting real party in interest David Portee’s (Portee) parole consideration hearing. The Board contends that in ordering the Board at Portee’s new hearing to “explain what instances of [Portee]’s commitment offense would not qualify for invocation of any unsuitability criteria which may be used to deny him parole,” respondent court exceeded its jurisdiction.…