In Re Ramirez

Edward Ramirez pleaded guilty to charges of robbery and second degree murder, and is serving a term of 15 years to life. The murder victim was an accomplice to the robberies, who died in an automobile accident during a high-speed chase by the police. Ramirez has been incarcerated since 1982. The Board of Prison Terms (the Board) denied his applications for a parole release date in 1990, 1991, 1993, 1995, 1997, and 1998. On August 18, 1999, Ramirez appeared before the Board for his seventh parole suitability hearing. The Board again denied him a parole date. Ramirez filed a petition for a writ of habeas corpus in superior court, contending the parole hearings had become a sham.

The trial court granted the writ. Based on the pleadings and exhibits on file, the court found no evidence to support the Board’s findings that the murder Ramirez committed was especially atrocious, or that Ramirez needed therapy in order not to be a threat to others. The court acknowledged that Ramirez had an unstable childhood and a serious juvenile criminal record, but decided his exceptional performance while incarcerated and his excellent prospects for a stable and productive life upon release…