In re Mims

Andrea Mims, the defendant, filed a petition for writ of habeas corpus to seek review of the decision by the Board of Parole Hearings (the Board) to deny her release on parole. Defendant was serving a sentence of 26 years to life following her conviction for murdering her fifth husband. The Board’s decision, which credited defendant for her exemplary behavior *481 in prison, was based on the determination that defendant lacked insight into the causative factors relating to the crime, her unstable social history, and the heinous nature of the offense. The Board decided that she posed an unreasonable risk of danger until she could confront her motivations and admit them. The superior court granted defendant’s petition and the People appeal.

On appeal, the People argue that the Board’s decision was properly supported by some evidence and that the superior court improperly reweighed the evidence in granting defendant’s petition. We reverse.

BACKGROUND

a. Facts Regarding the Commitment Offense.

On May 14, 1981, defendant killed Robert Sand, her fifth husband, at their home in Rancho Mirage. The victim had been stabbed and struck in the head with a blunt instrument.…