In Re Morrall

Pursuant to the authority conferred upon him by article V, section 8, subdivision (b) of our state Constitution, and by Penal Code section 3041.2, Governor Davis reversed a decision of the Board of Prison Terms finding that petitioner Norman G. Morrall is suitable for parole. After unsuccessfully seeking relief in the superior court, Morrall filed a petition for a writ of habeas corpus in this court. We issued an order to show cause to consider his challenges to the Governor’s action.

Morrall contends (1) the Governor has unilaterally dismantled the parole system by adopting, contrary to law, a policy against the parole of persons convicted of murder, (2) the Governor’s decision is not supported by any evidence, and (3) the decision violates principles of due process and the prohibition against the ex post facto application of penal laws.

In response, the Attorney General asserts that the final decision whether a convicted murderer should be released on parole is committed exclusively to the Governor, and the constitutional separation of powers doctrine precludes judicial review of the merits of the Governor’s decision.

For reasons to follow, we conclude that a blanket…