In re Hunter

*1532 Opinion

Petitioner James Hunter seeks habeas corpus relief from the denial of parole by respondent Board of Parole Hearings (the Board). After carefully considering the restatement of the governing principles of review in In re Shaputis (2011) 53 Cal.4th 192 [ 134 Cal.Rptr.3d 86 , 265 P.3d 253 ] (Shaputis II) we do not find “some evidence” to support the Board’s conclusions or an articulation of a rational basis for finding that Hunter would pose an unreasonable risk to public safety if paroled. Therefore, we remand the matter to the Board for reconsideration in light of this opinion.

Factual and Procedural Background

In 1985, Hunter pled guilty to the first degree murder of Tanya Hamlin and to the concurrent second degree murder of her fetus. He was sentenced to a term of 25 years to life, plus one year for a weapons enhancement and a five-year term for robbery. He entered prison on September 24, 1985, and became eligible for parole on August 18, 2004. On September 10, 2009, the Board denied him parole and set his next parole hearing in seven years.

The circumstances of Hunter’s life crime are these. On the evening of October 26, 27, 1984, Hunter was snorting and…