In re Montgomery

The Warden of California State Prison, Solano (the State) appeals the trial court’s order granting Brian Montgomery’s petition for writ of habeas corpus. The trial court held the September 2009 decision by the Board of Parole Hearings (the Board) issuing a three-year denial of Montgomery’s parole was not supported by some evidence, and accordingly remanded to the Board for a new suitability hearing.

As we will explain, applying the most recent guidance provided by our Supreme Court on this issue, we conclude that there was indeed some evidence supporting the Board’s finding of current dangerousness. Accordingly, we shall reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Life Offense

In the early evening of December 4, 1990, El Dorado County Sheriff’s Deputy Robert Pepper attempted to stop Montgomery for speeding. Montgomery had been attempting to manufacture methamphetamine and had a propane stove, a box of glassware and a large bag of “unfinished” methamphetamine in his car. He also had outstanding arrest warrants and was on probation. Montgomery had previously told a friend there were outstanding warrants for his arrest and he did not want to “run into any cops because he…