In re Davidson
144 Cal. Rptr. 3d 283
Cal. Ct. App.2012Background
- Davidson was convicted of second degree murder based on DUI that killed another driver; he had prior DUI convictions and his license was suspended at the time.
- In 2010 a prison psychologist evaluated him as low risk to violence with feasible parole plans and transition programs.
- Davidson had previously been denied parole in 2009 for three years.
- At a 2013 parole hearing, the Board again denied parole for three years, citing commitment offense and lack of insight.
- Davidson sought a writ of habeas corpus; the trial court granted relief, and the Board appealed.
- The court reviews parole denials under the “some evidence” standard and independent review of the record, not de novo review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s denial is supported by some evidence | Davidson | Board | Yes, some evidence supports unsuitability. |
| Whether the standard of review was correctly applied | Davidson | Board | Court defers to Board; uses some evidence standard. |
| Whether the trial court properly reversed the Board | Davidson | Board | No; reversal not warranted. |
Key Cases Cited
- In re Rosenkrantz, 29 Cal.4th 616 (Cal. 2002) (some evidence standard limits judicial review of parole decisions)
- In re Shaputis, 53 Cal.4th 192 (Cal. 2011) (parole review is highly deferential to Board/Governor)
- Shaputis II, 53 Cal.4th 192 (Cal. 2011) (reaffirmed deferential some evidence standard)
- In re Van Houton, 116 Cal.App.4th 339 (Cal. App. 2004) (independent review on administrative record)
- People v. Watson, 30 Cal.3d 290 (Cal. 1981) (driving under the influence theory of second-degree murder)