In Re Weider

In 1987, Bernard John Weider was convicted of second degree murder (Pen. Code, § 187) and two counts of assault with a firearm (id., § 245, subd. (a)(2)). He was sentenced to an indeterminate prison term of 15 years to life. Weider is now 69 years old, a model prisoner with no record of discipline while in prison and no criminal history other than the offenses for which he was incarcerated.

In 2002, the Board of Prison Terms (Board) refused to set a parole date and Weider petitioned the trial court for a writ of habeas corpus. The trial court issued the writ and instructed the Board to conduct a new hearing. This court affirmed the trial court’s order in an unpublished opinion filed January 10, 2005. (In re Weider, H027042 (Weider I).)

On rehearing, the Board again found Weider unsuitable for parole and Weider again petitioned the trial court for a writ of habeas corpus. The trial court again granted the petition and ordered the Board to hold a further hearing, this time instructing the Board to consider only new evidence. Warden Scott P. Rawers appeals. We granted appellant’s request for a writ of supersedeas, staying the order' of the trial court pending our decision…