In re Jeffrey
In 1989, inmate Thomas Jeffery was convicted of second degree murder and sentenced to prison for 17 years to life. At Jefferys initial parole hearing in 1999 the Board of Prison Terms (Board) refused to set a parole date for him, concluding that he was unsuitable for release. On May 25, 2005, the Board conducted the first subsequent parole hearing and again decided that Jeffery was not suitable for parole.
Having independently examined the record before the superior court, we reject the courts finding that the presiding commissioner was actually prejudiced against Jeffery but we agree that the Boards reasons for denying parole are not supported by some evidence. Court also conclude that the superior courts order impermissibly limits the Boards discretion on remand. Accordingly, Court shall modify the order and, as modified, affirm.
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