In re Copley

Appellant, the warden of Deuel Vocational Institution (the Warden), appeals from the remedy ordered by the trial court in its order granting respondent Randy Copley’s petition for a writ of habeas corpus. The trial court found Governor Schwarzenegger’s November 2008 decision was not supported by “ ‘some evidence,’ ” failed to contain clear citation to the *430 evidence relied upon, and failed to articulate a “ ‘rational nexus’ ” between the evidence in the record and the Governor’s determination that Copley is unsuitable for parole. Accordingly, the trial court vacated the Governor’s reversal of the Board of Parole Hearings’s (the Board) June 2008 parole grant and reinstated the June 19, 2008, finding of the Board that Copley was suitable for parole. In June 2009, during the pendency of this appeal, the Board held another parole hearing. 1 Relying largely on the Governor’s reversal of the 2008 parole grant, the Board found Copley was unsuitable for parole. At no time has the Warden challenged the merits of the decision finding the Governor’s reversal unsupported by some evidence. Rather, the Warden only seeks modification of file remedy. We shall affirm the trial court’s…