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In re Sanders CA1/5
Petitioner Danny Renee Sanders brings this habeas corpus petition to challenge a July 16, 2015 decision by the Board of Parole Hearings (Board) denying him release on parole. At the parole hearing, the Presiding Commissioner conceded that after his pre-hearing review of the record “I thought you had a good chance of going home.” However, both commissioners (1) found that during the hearing petitioner had lied to them about the information he had provided to the psychologist who prepared the risk assessment; (2) based this finding on their experience and a phone call made during the hearing; and (3) stated that, as a result of the lie, they were no longer willing to credit any information petitioner had provided. As a consequence, parole was denied. Because the record reflects no evidence supporting the determination petitioner lied, and because of the decisive role played by that determination in the parole denial, we conclude petitioner is entitled to a new parole suitability

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