In re Olson
Gloria Olson was sentenced in 1979 to concurrent 25-year-to-life sentences after a jury found her guilty of two counts of first degree murder. Olson, now 64 years old, has been imprisoned for 30 years. After several unsuccessful parole hearings, the Board of Parole Hearings (BPH) found her suitable for parole at her 2008 suitability hearing because it concluded Olson did not pose an unreasonable risk of danger to society if released. However, Governor Arnold Schwarzenegger (the Governor) reversed the BPH's decision, finding Olson posed an unreasonable risk of danger to society if released. Olson successfully petitioned the trial court for writ of habeas corpus. The warden of California Institute for Women (the People) appeals the trial court's grant of Olson's petition for a writ of habeas corpus, arguing the Governor's decision was supported by some evidence and therefore must upheld. We conclude, following the guidance provided by In re Lawrence (2008) 44 Cal.4th 1181 (Lawrence) and In re Shaputis (2008) 44 Cal.4th 1241 (Shaputis), the Governor's decision was not supported by some evidence, and Court therefore affirm the trial court's judgment.
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