In re Sousa
At issue in this case is whether the Board of Prison Termss[1] 2004 decision that Victor M. Sousa was not yet suitable for parole can be upheld under applicable legal principles on the basis that the decision is supported by some evidence. Sousa is serving concurrent life sentences for 1984 convictions of two counts of kidnapping for robbery, plus two years for the use of a firearm. At the time of the Boards decision, he had been incarcerated for over 20 years. Warden D. Sisto appeals from the trial courts order granting Sousas petition for writ of habeas corpus and directing the Board to conduct a new hearing which comports with due process but also directing the Board not to consider Sousas commitment offenses in its deliberations unless different evidence justifies doing so.
Court conclude that certain factors cited by the Board in denying parole are supported by some evidence, including Sousas most recent disciplinary violation for theft that the Board emphasized in support of its decision. These factors, viewed through the lens of the deferential standard of judicial review applicable here, together support the Boards conclusion that Sousa would currently remain a risk to society were he to be released. Moreover, it is clear from the Boards reasoning that it would have denied parole even in the absence of the cited factors that are not supported in the record. Accordingly, Court reverse the trial courts grant of a writ of habeas corpus and reinstate the Boards 2004 decision denying parole.
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