In re Thompkins
In 1986, petitioner Rufus Thompkins killed his wife (Emma) and wounded her boyfriend. In 1988, a jury convicted Thompkins of the first degree murder of his wife, assault with a deadly weapon on her boyfriend, and burglary. Thompkins was sentenced to 27 years to life on the murder count, and concurrent terms on the remaining counts. Thompkins, 52 years old, has remained in prison for the past 19 years and has largely avoided serious disciplinary actions while incarcerated. The Board of Parole Hearings (BPH) found him unsuitable for parole at several hearings, the most recent of which was in 2006. The denial of parole challenged by this petition for writ of habeas corpus was based on BPH's conclusion that several factors showed Thompkins was unsuitable for parole.
Thompkins asserts BPH's conclusion has no evidentiary support, and therefore violates his due process right to parole. He argues the BPH's conclusion was improperly based solely on the circumstances of his offense and there is no evidence he currently poses a risk of danger if released on parole.
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