In re Foster

Filed 11/1/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

In re JEREMY J. FOSTER A160713 on Habeas Corpus. (Humboldt County Super. Ct. Nos. CR2001183,

CR974999)

Petitioner Jeremy J. Foster, a state prison inmate, was sentenced in 1998 to an indeterminate term of 23 years to life in state prison. After the Board of Parole Hearings (the Board) found him suitable for parole in 2019, the Governor referred the decision to the Board for en banc reconsideration under Penal Code section 3041.1. The Board then ordered a rescission hearing to determine whether the grant of parole was improvident, based on the concerns raised by the Governor. As was his right under the regulations governing parole rescission hearings (and as he had been informed in writing by the Board), Foster requested the presence of evidentiary witnesses at the rescission hearing, including the author of the Comprehensive Risk Assessment that the Governor quoted from and relied on in his referral letter. But the Board denied Foster’s request for witnesses, and at the rescission hearing the panel rescinded the grant of parole.…