Terhune
Terhune v. Superior Court
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…