In Re Masoner

INTRODUCTION

In December 2007, the Board of Parole Hearings (Board) granted respondent James Masoner parole. Governor Arnold Schwarzenegger, however, reversed the Board’s decision. Masoner then filed a petition for a writ of habeas corpus, which was granted by the superior court. Appellant Ben Curry, the warden of the prison where Masoner is incarcerated, appeals the order granting Masoner’s petition.

Under California law, Masoner is entitled to be released on parole if he does not currently pose a danger to public safety. (In re Lawrence (2008) 44 Cal.4th 1181, 1191 [ 82 Cal.Rptr.3d 169 , 190 P.3d 535 ] (Lawrence).) Appellant does not challenge the superior court’s finding that there was no evidence that Masoner currently poses such a danger. Rather, appellant contends that the remedy provided by the superior court of reinstating the Board’s decision violated the Governor’s constitutional and statutory right to review the Board’s decisions. Appellant contends that the proper remedy was to remand the matter to the Governor for further consideration. We disagree.

Where, as here, the superior court finds that there is no evidence supporting the Governor’s reversal of the…