In re Twinn

David Allen Twinn filed a petition for writ of habeas corpus seeking an order (1) overturning the Governor’s 2010 decision to reverse the Board of Parole Hearings’s (the Board) 2009 order granting him parole and (2) reinstating of the Board’s parole release order. In 1992, Twinn was sentenced to an indeterminate term of 15 years to life in state prison for second degree murder. The Board found Twinn suitable and granted parole in 2006, 2008 and 2009. On each occasion the Governor, exercising his authority under article V, section 8, subdivision (b), of the California Constitution and Penal Code section 3041.2, reversed the Board’s decision. In July 2010, Twinn filed the instant petition in which he argued, inter alia, that the Governor’s 2010 reversal was not supported by “some evidence” that he currently posed an unreasonable risk of danger to society if released and thus violated his right to due process. He specifically argues that the Governor relies on evidence taken out of context and outdated evidence, including old psychological evaluations, to conclude erroneously that he lacks insight into his crimes and has not accepted full responsibility for his actions.…