In re Masoner, No. B218150
In an appeal of an order granting a prisoner's petition for a writ of habeas relief after governor Schwarzenegger reversed the Board of Parole Hearings' granting prisoner parole, the order of the superior court is affirmed where: 1) the superior court's order reinstating the Board's decision does not divest the governor of his right to review the Board's parole decisions; 2) the superior court's order did not grant relief beyond the process due; 3) the superior court's order did not violate the separation of powers doctrine; and 4) allowing the governor an unlimited number of reviews of the Board's parole decision would violate a prisoner's due process rights and render the writ of habeas corpus meaningless.
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Appellate Information
Filed December 11, 2009
Judges
Opinion by Judge Kitching
Counsel
For Appellant: Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Assistant Attorney General, Heather Bushman and Kim Aarons, Deputy Attorneys General
For Appellee: Daniel Broderick, Federal Defender, Monica Knox, Assistant Federal Defender