In Re Loresch

Opinion

YEGAN, Acting P. J.

In this petition for writ of habeas corpus, Karl Loresch seeks to vacate the Governor’s order reversing the 2008 decision by the Board of Parole Hearings (the Board) to grant him parole. The petition is meritorious. The record is devoid of “some evidence” supporting the Governor’s conclusion that petitioner is unsuitable for parole because he is currently dangerous. As we shall explain, the Governor’s order rests solely on speculation that in the future petitioner could relapse and commit acts of violence. We do not doubt the Governor’s sincerity, but his decision…