Board of Parole Hearings v. Superior Court

In this original proceeding, this court is asked to decide whether an order of the Santa Clara County Superior Court (respondent court) impermissibly limits the discretion of the Board of Parole Hearings (the Board) when conducting real party in interest David Portee’s (Portee) parole consideration hearing. The Board contends that in ordering the Board at Portee’s new hearing to “explain what instances of [Portee]’s commitment offense would not qualify for invocation of any unsuitability criteria which may be used to deny him parole,” respondent court exceeded its jurisdiction. For reasons set forth below, we agree with the Board. Accordingly, we grant the petition for writ of mandate.

Factual and Procedural Background

After his initial parole consideration hearing, Portee filed a petition for writ of habeas corpus challenging the Board’s decision to deny him parole. On November 16, 2007, in response to Portee’s petition, respondent court issued an order to show cause (OSC) why Portee was not entitled to the relief he sought. In the OSC, respondent court noted that the “paramount issue presented by [Portee]’s case is whether [respondent] Court will be required to order…