Legal Opinion

Mardesich v. California Youthful Offender Parole Board

California Court of Appeal

Decided February 16, 1999No. B120658PublishedCited by 2 opinions

1Opinion of the Court

Opinion

STONE (S. J.), J.*

Destinni Ann Mardesich appeals the summary denial of her petition for writ of administrative mandamus which challenged an order of the Youthful Offender Parole Board (Board) returning her from the California Youth Authority (CYA) to the Orange County Superior Court for commitment to state prison.

We hold that because the Board’s decision directly affected a vested fundamental right, the trial court should have exercised its independent judgment in reviewing the Board’s decision. The trial court’s failure to do so precludes meaningful review by us. We reverse and remand…

2Cases cited26 opinions

  1. Bixby v. PiernoCalifornia Supreme Court · 1971
  2. Skelly v. State Personnel BoardCalifornia Supreme Court · 1975
  3. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  4. Hensler v. City of GlendaleCalifornia Supreme Court · 1994
  5. Hughes v. Board of Architectural ExaminersCalifornia Court of Appeal · 1998

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

3Cited by2 opinions

  1. People v. Luisa Z.California Court of Appeal · 2000
  2. California Sportfishing Protection Alliance v. State Water Resources Control BoardCalifornia Court of Appeal · 2008

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