In re Miranda, 191 Cal. App. 4th 757

Miranda was convicted in 1984 of second-degree murder and assault with a deadly weapon, receiving an indeterminate term of 19 years to life.
The Board held a parole-suitability hearing in 2003 and found Miranda suitable; the Governor reversed this decision.
Miranda was released from prison on November 8, 2004, after the 2003 decision was overturned, and remained free pending a new hearing.
A new parole-suitability hearing occurred on January 11, 2007, at which Miranda was found not suitable for parole.
In May 2008 Miranda was reincarcerated three and a half years after release; a habeas petition challenged the 2007 hearing.
The court ultimately held the habeas petition moot because Miranda has already been released and the proper remedy for any due-process violation would have been a new hearing, which had already occurred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mootness of the petition	Miranda argues the petition survives to credit time toward parole.	Prather requires a new hearing; release moots the petition.	Moot; petition dismissed.
Remedy for due-process violation at parole-suitability hearing	If due process was violated, the remedy should shorten the parole period.	Prather directs a new hearing rather than reducing parole.	Remedy is a new parole-suitability hearing; reduction of parole not permissible.
Whether the 2007 finding was supported by some evidence (current dangerousness)	Not supported by some evidence.	Board's 2007 finding is supported by some evidence.	Not reached on the merits; moot due to released status.

In re Prather, 50 Cal.4th 238 (Cal. 2010) (remedy for due-process violation is a new hearing; separation of powers concerns)
In re Lawrence, 44 Cal.4th 1181 (Cal. 2005) (standard that a court can review for 'some evidence' of current dangerousness)
Mills v. Green, 159 U.S. 651 (U.S. 1895) (proper disposition of moot cases is dismissal)
In re Schoengarth, 66 Cal.2d 295 (Cal. 1967) (reaffirmed separation of powers in parole matters)