In re Garcia
On March 25, 2009, the Board of Parole Hearings (Board) decided not to set a release date for convicted murderer Henry Garcia. After the San Mateo Superior Court declined to issue a writ of habeas corpus setting aside that decision, Garcia initiated this original proceeding for the writ. The basis for his petition--as it was in the superior court--is that Penal Code section 3041 (section 3041) and title 15, section 2402 of the California Code of Regulations (regulation 2402) require his release because there is no evidence to support the Board's decision and demonstrate that his parole would pose an unreasonable risk of danger to the public safety.
The legal principles governing that decision were recently explained by our Supreme Court:
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