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Petition for Habeas Relief From Gov's Reversal of Parole Board's Decision, Plus Dependency Proceeding

By FindLaw Staff on September 16, 2010 5:18 PM

In re Taplett, C063460, concerned a defendant's petition for habeas relief from the governor's reversal of the Board of Parole Hearings' (Board) decision finding her suitable for parole, after serving over 16 years of her indeterminate sentence of 16 years to life for second degree murder conviction.  In denying the petition, the court held that there is some evidence to support the governor's finding that defendant lacks proper insight into the circumstances of the commitment offense.

 

In re Scott B., B220526, concerned a challenge to the trial court's section 366.26 order terminating a mother's parental rights and identifying adoption as the child's permanent plan, in dependency proceedings.  In reversing the decision, the court remanded the matter the mother's parental rights should not have been terminated because the parent-child relationship exception to termination of parental rights applies in this case.  The court held that the mother-child relationship in this case, coupled with the child's continued emotional instability and his repeated insistence that his preference wold be to live with his mother, presents a compelling reason for finding that termination of parental rights is detrimental to the child.

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