In re Elliott
In February 1976, petitioner James Theron Elliott was convicted by a jury of conspiracy to commit murder, robbery, grand theft and insurance fraud, first degree murder and first degree robbery. (People v. Elliott (1978) 77 Cal.App.3d 673, 677 (Elliott).) Elliott was initially sentenced to death, but after the California Supreme Court held that the death penalty was unconstitutional, his sentence was modified to life imprisonment. (Id. at pp. 678, 689.)
On April 23, 2009, the Board of Parole Hearings (Board) found Elliott unsuitable for parole. The Santa Clara County Superior Court subsequently granted Elliott's petition for a writ of habeas corpus and ordered the Board to conduct a new hearing for Elliott within 95 days. The superior court found that the Board violated â€
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