In Re Scott

George Scott killed a man who supplied amphetamines and cocaine to his wife and entered into a sexual relationship with her after she became addicted. Scott was convicted of second degree murder with the use of a firearm. He is serving a state prison term of 15 years to life plus two years due to his use of a firearm and has been incarcerated since 1987.

On September 24, 2001, Scott appeared before a panel of the Board of Prison Terms (the Board) for his second subsequent parole consideration *877 hearing. The panel denied parole and, on January 3, 2002, Scott administratively appealed that decision. The appeal was denied 10 months later, on October 8, 2002. On September 17, 2002, prior to denial of his administrative appeal, Scott was afforded his third subsequent parole consideration hearing. The Board panel of two commissioners was divided and, as it was unable to render a decision, ordered the case sent to an en banc panel. On October 8, 2002, the Board, sitting en banc, unanimously found Scott unsuitable for parole. Scott filed an administrative appeal from that decision on December 16, 2002, and the appeal was denied six months later, on June 10, 2003. However,…

I concur with much, but respectfully dissent from some, of the majority’s opinion.

First of all, I concur with parts V. and VI. of the majority opinion, holding (1) that there was not “some evidence” (In re Rosenkrantz (2002) 29 Cal.4th *900 616, 658 [ 128 Cal.Rptr.2d 104 , 59 P.3d 174 ] (Rosenkrantz)) that petitioner (hereafter Scott) has an unstable social history and (2) that the Board of Prison Terms (Board) failed to consider substantial evidence that Scott was suitable for release from prison. (Maj. opn. at pp. 895-899.)

Where I dissent from the majority is regarding its part IV., in which it holds that “[t]he record contains no evidence supporting” the Board’s finding that Scott’s murder of the victim falls within California Code of Regulations, title 15, section 2402, subdivision (c)(1). 1 (Maj. opn., ante, at p. 43.) That regulation provides: “The following circumstances each tend to indicate unsuitability for release. . . . [f] (1) Commitment Offense. The prisoner committed the offense in an especially heinous, atrocious or cruel manner. The factors to be considered include: [f] . . . [1] (B) The offense was carried out in a dispassionate and calculated manner, such as…

George Scott killed a man who supplied amphetamines and cocaine to his wife and entered into a sexual relationship with her after she became addicted. Scott was convicted of second degree murder with the use of a firearm. He is serving a state prison term of 15 years to life plus two years due to his use of a firearm and has been incarcerated since 1987.

On September 24, 2001, Scott appeared before a panel of the Board of Prison Terms (the Board) for his second subsequent parole consideration hearing. The panel denied parole and, on January 3, 2002, Scott administratively appealed that decision. The appeal was denied 10 months later, on October 8, 2002. On September 17, 2002, prior to denial of his administrative appeal, Scott was afforded his third subsequent parole consideration hearing. The Board panel of two commissioners was divided and, as it was unable to render a decision, ordered the case sent to an en banc panel. On October 8, 2002 the Board, sitting en banc, unanimously found Scott unsuitable for parole. Scott filed an administrative appeal from that decision on December 16, 2002, and the appeal was denied six months later, on June 10, 2003. However,…