In Re Caswell

Respondent Steven Caswell (Caswell) was granted parole by appellant Board of Prison Terms (Board) in 1986, with a release date in September 2000. In 1999, the Board found cause to rescind the prisoner’s unexecuted grant of parole. After the trial court granted Caswell’s petition for writ of habeas corpus, overturning the rescission and reinstating Caswell’s parole release date, the Board appealed, contending the court erred because sufficient evidence supported its decision rescinding Caswell’s parole. We reverse the judgment.

I. Facts and Procedural History

Caswell is serving an indeterminate life sentence with the possibility of parole, following his 1976 conviction of four counts of kidnapping for the purpose of robbery (Pen. Code, § 209); he was also convicted of four counts each of first degree robbery (Pen. Code, §211), assault with a deadly weapon (Pen. Code, § 245, subd. (a)), and attempted murder (Pen. Code, §§ 664, 187), as to which prison sentences were stayed. The Board is the executive agency authorized to grant parole and set release dates for prisoners serving life sentences, and in certain circumstances it may rescind an unexecuted grant of parole. (Pen.…