In re Hguyen

In 1990, petitioner in the underlying matter, Hank Nguyen, murdered his former girlfriend, Tina Tham, who had broken off their relationship eight months earlier. On June 28, 1991, after the jury convicted Nguyen of murder, the court sentenced him to 15 years to life in state prison.

The Board of Parole Hearings (the Board) found Nguyen suitable for parole in June 2009. The Governor reversed the Board’s decision, finding the crime “extraordinarily] callous, heinous and atrocious,” that Nguyen had not fully accepted responsibility for the murder or developed a sense of genuine remorse.

Nguyen filed a petition for a writ of habeas corpus in the Orange County Superior Court seeking to overturn the Governor’s action. The superior court granted the petition after issuing an order to show cause and considering the Attorney General’s return and Nguyen’s traverse.

Nguyen entered prison with no juvenile or adult criminal record, except the current offense for which he has accepted full responsibility and expressed sincere remorse. In prison, he successfully completed a panoply of courses to strengthen his mind and skills and increase his self-insight. He was discipline *1023…