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In re McDonald, B219424

By FindLaw Staff on November 03, 2010 | Last updated on March 21, 2019

Grant of habeas relief for a defendant challenging Governor's reversal of parole board's decision affirmed

In re McDonald, B219424, concerned a trial court's grant of defendant's petition for writ of habeas corpus, challenging the Governor's reversal of a decision by the Board of Parole Hearings to grant parole.


In affirming the judgment, the court held that there is no evidence that defendant currently poses an unreasonable risk to public safety.  The court further held that a remand to the Governor is not the proper remedy as a remand to the Governor after his determination is found lacking in some evidence of current dangerous is inconsistent with the requirement that the Governor state all of the reasons for his determination in the first instance, permit prompt review, comply with Constitutional mandates, and a predictable process, and is not required by Prather.

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