Ledesma
Ledesma v. Marshall
Opinion
Opinion
Miller, J.
ORDER GRANTING 28 U.S.C. § 2254 HABEAS PETITION
George Ledesma (“Ledesma”), a state prisoner proceeding with the assistance of counsel, petitions this Court for a 28 U.S.C. § 2254 writ of habeas corpus. Ledesma is serving an indeterminate sentence of seven years to life following his 1976 guilty plea for a murder he committed in the course of a grocery store robbery. His federal Petition alleges his due process rights were violated by the Board of Parole Hearings’ (“BPH”) denial of parole at his November 2006 suitability hearing. He seeks reversal of that decision and discharge from custody. Respondent filed an Answer (Dkt. Nos. 11, 12), and Ledesma filed a Traverse (Dkt. No. 13). By Order entered November 25, 2008, this matter was reassigned from the bench of the United States District Court for the Eastern District of California to visiting District Judge Jeffrey T. Miller, United States District Court for the Southern District of California. (Dkt. No. 25.) After consideration of the parties’ arguments, pertinent portions of the record, and controlling authority, for the reasons discussed below, the Petition is GRANTED.