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Legal Opinion

In re Montgomery

California Court of Appeal

Decided August 2, 2012No. C068098PublishedCited by 1 opinion

1Opinion of the Court

Opinion

DUARTE, J.

The Warden of California State Prison, Solano (the State) appeals the trial court’s order granting Brian Montgomery’s petition for writ of habeas corpus. The trial court held the September 2009 decision by the Board of Parole Hearings (the Board) issuing a three-year denial of Montgomery’s parole was not supported by some evidence, and accordingly remanded to the Board for a new suitability hearing.

As we will explain, applying the most recent guidance provided by our Supreme Court on this issue, we conclude that there was indeed some evidence supporting the Board’s finding of…

2Cases cited9 opinions

  1. In Re RosenkrantzCalifornia Supreme Court · 2002
  2. In re LawrenceCalifornia Supreme Court · 2008
  3. In Re PratherCalifornia Supreme Court · 2010
  4. In Re ShaputisCalifornia Supreme Court · 2011
  5. Cucamongans United for Reasonale Expansion v. City of Rancho CucamongaCalifornia Court of Appeal · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. People v. Duran CA4/1California Court of Appeal · 2015

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