Schoenfeld v. Bd. of Parole Hearings, A128543
Inmate's challenge to the parole board's order for a rescission hearingSchoenfeld v. Bd. of Parole Hearings, A128543
, concerned a defendant's petition for a writ of ordinary mandamus challenging the Board of Parole Hearings' order setting a rescission hearing for August 14, 2009, claiming that the 2008 suitability finding was "final" and thus precluded the Board from taking any action on August 14, 2009.
In denying the petition, the court held that the Board has authority to
schedule a rescission hearing as there is nothing in either the language
of the 2001 amendment to Penal Code section 3041 or in the legislative
history, indicating the Legislature intended to trifle with the Board's
fundamental jurisdiction to reconsider parole decisions. Further,
defendant's ex post facto claim is without merit because the Board
always had the authority it exercised in this case.
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