In Re Johnson

In this habeas corpus proceeding we review a decision of the Board of Prison Terms rescinding a life prisoner’s parole.

I. Background

A.

Petitioner Chester Johnson was convicted of the first degree murders of Loren Silliphant and Dr. Glen Olsen in 1970 and was sentenced to death. The sentence was later modified to life imprisonment.

Those familiar with Johnson’s first appearance before this court (In re Johnson (1992) 8 Cal.App.4th 618 [ 10 Cal.Rptr.2d 460 ]) know the early procedural history. On December 3, 1981, the Board of Prison Terms conducted a parole consideration hearing, found Johnson suitable for parole, and set a parole release date of October 17, 1994. Subsequent progress hearings advanced the release date to October 17, 1991. (In re Johnson, supra, 8 Cal.App.4th at p. 621 .)

By letter dated August 4, 1991, by which he purported to act pursuant to Penal Code section 3041.1, the Governor requested the Board to review its decision en banc. The Governor expressed two concerns underlying his request: (1) public safety; and (2) the gravity of the commitment offenses.

On August 13, 1991, the Board, sitting en banc, and “[p]ursuant to § 3041.1” reviewed the…