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In Re Powell (Cal. Ct. App. - Oct. 7, 2010)

By Shaun Martin

Continuing our theme from a couple days ago, here's another case from earlier today where the Board of Parole Hearings denies parole to someone convicted of second degree murder.  Sentenced to 16 years to life, Powell has now been in prison for 27 years.  Here again is another "model prisoner," with everyone agreeing that his risk of reoffending is totally low.

But the murder 29 years ago was an ugly one.  So the Board predictably denies parole.  At which point the Court of Appeal reverses and remands.

Now wait and see what happens.  The Board will likely now grant Parole.  Then the Governor will reverse the Board.  Then another habeas petition.  Then, two years from now, another opinion by the Court of Appeal.

Ah, justice.

Full post as published by California Appellate Report on October 07, 2010 (boomark / email).