Diola

Sandra Diola (claimant) was released from prison after her conviction for involuntary manslaughter was reversed on appeal. On remand the district attorney’s motion to dismiss was granted by the trial court. She presented a claim for injury sustained through erroneous imprisonment to the Board of Control of the State of California (board). (See Pen. Code, § 4900 et seq.) The board rejected the claim. She petitioned the superior court for a. writ of mandamus on the grounds the board improperly excluded evidence and failed to make appropriate findings. The petition was denied. She appeals.

Facts

Claimant caused her husband’s death on September 19, 1974, when she stabbed him in the heart. She was tried for the crime of murder and convicted of involuntary manslaughter despite her contention she killed in self-defense. This court reversed the conviction, holding certain cross-examination of claimant had been improper and prejudicial. We determined the case was closely balanced on the question of guilt or innocence and that the improper disparagement of her character may have tipped the balance toward guilt. On remand, the district attorney requested dismissal. The trial court…