In Re Powell

In April 1982 petitioner James Parris Powell was convicted of two counts of second degree murder and the use of a deadly weapon and sentenced to 16 years to life in state prison. On May 6, 2009, the Board of Parole Hearings (Board) again determined that petitioner is unsuitable for parole because he poses a present risk of danger to society or a threat to public safety if released. Because we conclude the Board’s decision was not supported by “some evidence” we reverse that decision and remand the matter to the Board to conduct a new parole-suitability hearing.

Factual and Procedural Background

At the time of the commitment offense Powell and his girlfriend, Sherby Williams, had been together for three years. Powell describes their romance as a “love/hate” relationship, in which they partied and drank together and he sometimes abused her. They broke up several times, but always got back together. Three days before the commitment offense they had a fight and Williams told Powell “to leave and not come back.” Powell assumed that, as before, everything would be resolved in a few days. As he had done previously, he stayed briefly with his aunt. After a few days’ separation,…