In re J.G.

Good Law
159 Cal. App. 4th 1056·2008 Cal. App. LEXIS 172·72 Cal. Rptr. 3d 42
Court of Appeal of CaliforniaFebruary 1, 2008No. C055155California4,391 words

Opinion

lead Opinion

Cantilsakauye, J.

*1061 Opinion

Petitioner J.G. is in the custody of respondent Secretary of the California Department of Corrections and Rehabilitation (CDCR), serving multiple indeterminate life sentences in an institution located outside of California as a participant in the federal witness protection program. Between 1967 and 1982, separate California juries convicted petitioner of seven counts of murder (Pen. Code, § 187) 1 and three counts of conspiracy to commit murder (§§ 182, 187), among other crimes.

Petitioner filed a petition for writ of habeas corpus in superior court challenging his classification as a “multijurisdiction prisoner” and denial of his request to appear in person at his “lifer’s hearing” before the Board of Parole Hearings (Board). 2 Petitioner alleged that California Code of Regulations, title 15, section 2367, subdivision (d)(1) and (2) (Regulation 2367(d)(1) and (2)) and respondent’s actions unlawfully deprived him of rights afforded California prisoners under sections 2911, 3041.5, subdivision (a)(2), and 3041.7. The superior court denied the petition, ruling that (1) section 3041.5 says that prisoners “have a right to be present” but not the “right to appear in…

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