Legal Opinion
In Re Masoner
California Court of Appeal
Decided December 11, 2009No. B218150PublishedCited by 5 opinions
1Opinion of the Court
Opinion
KITCHING, J,
INTRODUCTION
In December 2007, the Board of Parole Hearings (Board) granted respondent James Masoner parole. Governor Arnold Schwarzenegger, however, reversed the Board’s decision. Masoner then filed a petition for a writ of habeas corpus, which was granted by the superior court. Appellant Ben Curry, the warden of the prison where Masoner is incarcerated, appeals the order granting Masoner’s petition.
Under California law, Masoner is entitled to be released on parole if he does not currently pose a danger to public safety. (In re Lawrence (2008) 44 Cal.4th 1181, 1191 [82…
2Cases cited11 opinions
- Hamdi v. RumsfeldSupreme Court of the United States · 2004
- People v. StanleyCalifornia Supreme Court · 1995
- Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
- In Re RosenkrantzCalifornia Supreme Court · 2002
- In re LawrenceCalifornia Supreme Court · 2008
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3Cited by5 opinions
- In re GomezCalifornia Court of Appeal · 2010
- In re CopleyCalifornia Court of Appeal · 2011
- In Re RossCalifornia Court of Appeal · 2010
- In re MimsCalifornia Court of Appeal · 2012
- In re StoneCalifornia Court of Appeal · 2011