In Re Lazor

By decision dated February 23, 2006, California’s Board of Parole Hearings (Board) denied parole to P.F. Lazor, who was serving an indeterminate term of 17 years to life for a 1983 second degree murder conviction with a firearm enhancement. In a petition for writ of habeas corpus filed in the superior court, Lazor (hereinafter petitioner) challenged the Board’s decision, alleging in part that the decision was without evidentiary support and the Board’s reasons for denying parole had no nexus to public safety.

The superior court issued an order to show cause (OSC) after examining the Court of Appeal opinion affirming the murder conviction and finding that “[t]he facts of the crime reveal a fair case for imperfect self defense.” The OSC stated: “While Petitioner’s imperfect self defense case was not sufficiently strong such that the murder conviction was avoided, it is certainly strong enough such that Petitioner’s crime does not appear to be in any way aggravated.” It indicated that the murder appeared unexceptional and directed respondent custodian to explain why the crime was exceptional.

Following the filing of the return and the traverse and without ordering any…