In Re Masoner

Respondent and appellant, Board of Parole Hearings (hereafter, the Board), appeals from the superior court’s order granting habeas corpus relief to petitioner and appellee, James Masoner. After concluding the Board’s 2005 decision to deny parole was not supported by some evidence, the superior court granted the habeas corpus petition and ordered that Masoner be released from custody. In its appeal, the Board contests only the superior court’s remedial order directing Masoner’s release.

The superior court’s order releasing Masoner is reversed, and the matter is remanded with directions.

PROCEDURAL BACKGROUND

Masoner was convicted of second degree murder in the 1980’s arising out of a drunk driving incident. He was sentenced to a prison term of 15 years to Ufe. Following a parole suitability hearing on August 25, 2005, the Board found him unsuitable for parole. Masoner filed a petition for writ of habeas corpus in the California Supreme Court, which issued an order to show cause returnable before the superior court. On January 28, 2008, the superior court granted the habeas corpus petition and ordered Masoner’s release. The Board appealed the superior court’s ruling and…