In re Johnson
In 1986 a jury convicted Tyrone Johnson of second degree murder with the personal use of a firearm and the trial court sentenced him to prison for 17 years to life. Johnson, now 48 years old, has remained in prison for the past 23 years and appears to have been an exemplary inmate. He became eligible for parole in 1996. Although the Board of Parole Hearings (the Board) found him unsuitable for parole at numerous earlier hearings, the Board found him suitable for parole at his 2008 suitability hearing when it concluded Johnson did not pose an unreasonable risk of danger to society if released on parole. However, Governor Arnold Schwarzenegger (the Governor) reversed the Board's decision, finding Johnson's release "would pose an unreasonable risk of danger to society at this time." After the trial court denied his request for habeas relief, Johnson filed the present petition for writ of habeas corpus, raising numerous challenges to the Governor's decision. We conclude the record does not contain "some evidence" to support the Governor's ultimate conclusion that Johnson was unsuitable for parole because he currently posed an unreasonable risk to public safety. Accordingly, Court grant Johnson habeas relief and order reinstatement of the Board's parole release order.
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