Legal News

9th Circuit decision supports no parole for murderers

By Richard Binder

Yesterday the U.S. 9th Circuit Court of Appeals upheld the governor's right to deny parole to a murderer serving a life term, even if no evidence exists that the prisoner poses a risk to society if released.

The court was ruling on a challenge brought by Ronald Hayward, sentenced to life in prison for the 1978 murder of a man who attacked his girlfriend.  His parole has been denied several times.  The 11-judge panel said that nothing in federal or constitutional law entitles a prisoner to parole in the absence of signs he or she remains dangerous.

This decision overturned a ruling by three 9th Circuit judges in January 2008 that said Hayward's constitutional right to due process had been violated because then-Gov. Gray Davis failed to cite any evidence that the prisoner continued to pose a threat to public safety. Two California Supreme Court rulings in August 2008 established that "some evidence" of persistent danger must be present to deny parole, but the federal appeals court said there was no such federal right by extension.

Full story at LATimes.com.

Full post as published by Legal Pad | LA on April 23, 2010 (boomark / email).