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In re Kler, A128153

By FindLaw Staff on October 06, 2010 | Last updated on March 21, 2019

Governor's Rejection of Parole Board's Suitability Finding Reversed

In re Kler, A128153, concerned a defendant's petition for habeas relief challenging the Governor's reversal of the Parole Board's finding him suitable for parole from his 1989 second-degree murder conviction.

In granting the petition, the court held that this case presents an "extraordinary" situation justifying the exercise of the court's constitutional prerogative as no court is better suited to first consider this petition and no court is more familiar with the intricate details of the case, and as such, this is one of the rare cases where the directive that "a habeas corpus petition challenging a decision of the parole board should be filed in the superior court" does not apply.

Related Link:

  • Read the California Court of Appeal for the Fourth District's Full Decision in In re Kler, A128153

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