In re Denham

Petitioner Joe Denham was convicted in December 1983 of first degree murder of Jose Mendoza, attempted murder of John Tappan, two counts of robbery (both victims), and two counts of kidnapping (both victims). The jury also found true as to each count an arming enhancement pursuant to Penal Code section 12022, subdivision (a). 1 Denham is currently serving an indeterminate sentence of 31 years to life. 2 His minimum eligible parole date was September 21, 2003.

In April 2010, at a fourth parole hearing, the Board of Parole Hearings (hereafter the Board) denied Denham’s request for parole and deferred a new parole hearing for three years. In his petition, Denham challenges the Board’s finding that he poses a current risk of danger to society if released on parole. He also contends the Board’s decision to apply the 2008 amendments to Penal Code section 3041.5 (known as and hereafter referred to as Marsy’s Law) to defer his next parole hearing for three years violated federal and state constitutional prohibitions against ex post facto application of the law.

After the 2010 hearing, the Board denied parole based on (1) the gravity of the offense, (2) Denham’s “escalating…