In Re Rosenkrantz

MIRIAM A. VOGEL, J.

Robert Rosenkrantz was convicted of murder and sentenced to prison for an indeterminate term of 15 years to life, plus 2 years for his use of a gun. The second time the Board of Prison Terms considered his suitability for parole, the hearing panel found he was suitable and fixed his parole date. That decision was reversed by the Board's Decision Review Unit, and a series of parole hearings held over a period of several years resulted in one denial after another. Ultimately, Rosenkrantz filed a petition for a writ of habeas corpus. Hearings were held in the superior court, and findings were made that there was no evidence to support the Board's decision. We affirmed, another hearing was held, and the matter was ultimately sent to the Governor. The Governor reversed the Board's decision. Rosenkrantz then amended his habeas petition, claiming there was no evidence to support the Governor's decision and that the Governor's decision was a product of the Governor's "no parole" policy, not an individualized determination of Rosenkrantz's suitability for parole. More hearings were held, and the amended petition was granted. The Governor appeals, contending the…