Terhune

Terhune v. Superior Court

Bad Law
2000 Cal. App. LEXIS 334·2000 Daily Journal DAR 4455·80 Cal. App. 4th 409·95 Cal. Rptr. 2d 279·2000 Cal. Daily Op. Serv. 3302
Court of Appeal of CaliforniaApril 27, 2000No. B132370; No. B138635California9,059 words

Opinion

Lead Opinion

Vogelmiriam, J.

In 1986, Robert Rosenkrantz was convicted of second degree murder, with a gun use allegation found true. He was *412 sentenced to state prison for a term of 15 years to life, plus 2 years for his use of a gun. Following a series of hearings at which Rosenkrantz was found “unsuitable” for parole, he filed a petition for a writ of habeas corpus in which he asked the superior court to compel the Board of Prison Terms to find him suitable for parole. Over the Board’s opposition, the superior court granted Rosenkrantz’s petition on the ground that there was no evidence to support the Board’s findings of unsuitability. The superior court ordered the Board to hold a new hearing and later issued other orders in furtherance of the enforcement of the earlier orders. The Board of Prison Terms filed an appeal, and later filed a petition for a writ of mandate. In substance, we affirm.

Facts

The Circumstances of the Offense. Robert Rosenkrantz graduated from high school on June 21, 1985. That night, he hosted a party at his parents’ beach house. Rosenkrantz’s brother (Joseph) and Joseph’s friend (Steven Redman), acting to confirm their suspicion that Rosenkrantz was homosexual, went…

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