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In re Masoner, No. B218150

By FindLaw Staff on December 14, 2009 | Last updated on March 21, 2019

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


Opinion by Judge Kitching

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

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