In re Armstrong
Howard Armstrong was sentenced in 1988 to 17 years to life in prison after a jury found him guilty of second degree murder with a firearm. Armstrong, now 53 years old, has remained in prison for nearly 20 years. After several unsuccessful parole hearings, the Board of Prison Terms (BPT), now the Board of Parole Hearings, found him suitable for parole at his 2006 suitability hearing when it concluded Armstrong did not pose an unreasonable risk of danger to society if released. However, Governor Arnold Schwarzenegger reversed the BPT's decision, finding Armstrong posed an unreasonable risk of danger to society if released. Armstrong successfully petitioned the trial court for a writ of habeas corpus in the trial court. Ben Curry, acting warden of the Correctional Training Facility (Warden), appeals the trial court's order granting Armstrong's petition for a writ of habeas corpus, arguing Governor Schwarzenegger's decision was supported by some evidence and therefore must affirmed.
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