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In Re Masoner (Cal. Ct. App. - April 2, 2009)

By Shaun Martin

The plethora of parole-denial appeals that flood the system nowadays typically involve murder convictions in which the parole board (or Governator) denies parole to a seemingly rehabilitated murderer who's spent a lot of time in prison. This case is no exception.

The difference is that this case involves a second degree murder conviction of someone who didn't murder someone deliberately, but instead killed them in a drunk driving accident. That's not your usual parole case. So it's interesting to see how it plays out.

Masoner has been in prison since 1984 -- i.e., 25 years -- after being sentenced to 15 years to life for having too many drinks with business associates and having a .23 when he got behind the wheel and crashed into a house, killing four-year old Jessica Shaner. Read the other details and see if you'd let him out at this point. On the one hand, a totally innocent four-year old child and her family. On the other hand, 25 years. What would you do and hold?

Full post as published by California Appellate Report on April 02, 2009 (boomark / email).