In Re Elkins

Jeffrey David Elkins was convicted by jury in 1980 of first degree murder and robbery, with use of a deadly weapon, and sentenced to a prison term of 25 years to life. On March 4, 2005, the Board of Parole Hearings (Board) found him suitable for, and granted, parole.

The Governor reviewed that decision and, on July 29, 2005, reversed it. Elkins challenges the reversal by petition for writ of habeas corpus, and we issued an order to show cause. The Attorney General has now filed a return, and Elkins a denial to the return. We grant Elkins relief and reinstate his Board grant of parole.

Background

This was Elkins’s 11th time (10th subsequent parole consideration hearing) before the Board. His almost yearly appearances had begun in early 1993, as his minimum parole eligibility date neared.

A 2005 life prisoner evaluation report (the report) took this initial summary of the commitment offenses from the 1980 probation officer’s report: Elkins and his victim, Larry Ecklund, were 19 years old, high school classmates and drug dealing associates. Elkins owed Ecklund money for drug purchases and was having difficulty paying. On June 16, 1979, the two were at a party at the home…