In Re Criscione

Following a 14th subsequent parole consideration hearing in 2008, the Board of Parole Hearings (Board) again found petitioner Arthur Sam Criscione unsuitable for parole. Shortly after the Board made its decision, the California Supreme Court filed In re Lawrence (2008) 44 Cal.4th 1181 [ 82 Cal.Rptr.3d 169 , 190 P.3d 535 ] (Lawrence), which clarified the law pertaining to parole denials. The superior court granted Criscione’s petition for a writ of habeas corpus, concluding that the matter should be remanded to the Board for a new hearing to be conducted in conformance with the standard set by Lawrence . Respondent James D. Hartley, acting warden at Avenal State Prison (Warden) appeals from that order. We conclude that the Board’s decision meets the Lawrence standard. Accordingly, we shall reverse.

I. Factual and Procedural Background

A. Evidence Submitted at the 2008 Parole Hearing

1. The Commitment Offense

Criscione was convicted in 1979 of the second degree murder of his girlfriend, Dorothy Quinitar. He was sentenced to 15 years to life. Criscione declined to discuss the commitment offense at the hearing. Accordingly, the Board relied upon the probation officer’s…