In re Ryner

In this appeal by the People, we review whether the superior court properly granted Chester L. Ryner’s petition for a writ of habeas corpus. Ryner’s habeas corpus petition arose from a January 2010 decision by then Governor Arnold Schwarzenegger (the Governor) to reverse the August 11, 2009 decision of the Board of Parole Hearings (the Board), which had granted Ryner parole. For reasons that follow, we conclude that the superior court was correct in granting Ryner’s petition for habeas corpus relief.

Procedural Background

On March 18, 2010, Ryner filed a petition for writ of habeas corpus in superior court challenging the Governor’s reversal of the August 11, 2009 decision of the Board to grant him parole. The superior court issued an order to show cause on April 2, 2010. On May 5, 2010, the People filed a return to the order to show cause. Ryner filed his traverse on June 1, 2010. On July 19, 2010, the superior court ordered that the August 2009 Board’s decision granting parole should be reinstated. The People have appealed.

Factual Background

The Commitment Offense

As did the Board at the August 11, 2009 parole suitability hearing, we take the facts of the…