In Re Scott

George Scott was convicted of second degree murder in 1986 and sentenced to an indeterminate prison term of 15 years to life plus two years for use of a firearm. He has been incarcerated in state prison for 18 years.

In 2003, after repeated denials of parole by the Board of Prison Terms (Board), Scott filed a petition for writ of habeas corpus in this court. We granted the petition. (In re Scott (2004) 119 Cal.App.4th 871, 876-877 [ 15 Cal.Rptr.3d 32 ] (Scott I).) Finding that the Board’s 2001 determination Scott was unsuitable for release on parole unsupported by any evidence, and that the Board failed to consider substantial evidence showing Scott was suitable for release (id. at pp. 889-899), we ordered the Board to conduct a new parole suitability hearing to “consider evidence of all relevant circumstances identified in its own regulations as tending to show a prisoner suitable for release from prison” (id. at p. 899).

On July 20, 2004, a panel of the Board found Scott suitable for parole and set a parole release date. The Governor reviewed the Board’s decision (Pen. Code, § 3041.2) and, finding Scott would pose an unreasonable risk of danger to society if released,…