In Re Marquez

Petitioner Vincent Marquez allegedly violated conditions of his parole, and was arrested and returned to custody on July 22, 2005. According to time lines agreed to by the State of California in Valdivia v. Davis (E.D.Cal. 2002) 206 F.Supp.2d 1068 and set out in Valdivia v. Schwarzenegger (E.D.Cal. Mar. 9, 2004, Civ. S-94-0671 LKK/GGH) (Valdivia), of which we took judicial notice, a parolee is supposed to receive a probable cause hearing within 10 business days of the day of receipt of notification of the parole violation charges, and a revocation of parole hearing within 35 calendar days of the parole hold date. When neither happened for petitioner by either of the specified dates (the probable cause hearing was two days late and a purportedly defective revocation hearing was held arguably on the 36th day, one day late), petitioner filed a petition for a writ of habeas corpus on each missed date alleging that he had been deprived of due process and was entitled to immediate release. The Santa Cruz County Superior Court ordered the California Department of Corrections (CDC), now California Department of Corrections and Rehabilitation (CDCR), to show cause. After the…