In re Montgomery
145 Cal. Rptr. 3d 109
Cal. Ct. App.2012Background
- Warden of California State Prison, Solano appeals a habeas grant reversing a parole denial.
- Board of Parole Hearings denied Montgomery parole in September 2009 to three years; trial court held the decision not supported by some evidence and remanded.
- Montgomery had committed a life offense (attempted first degree murder and assaults on a peace officer) in 1990 amid heavy methamphetamine use.
- Board’s reasoning stressed lack of insight into causative factors of the offense and addiction issues, plus a significant 115 tobacco-related misconduct.
- A subsequent parole hearing in July 2011 again denied parole; the matter raised mootness questions but the court ultimately reinstated the Board’s 2009 denial and vacated the 2011 order.
- The court affirms the Board’s decision, denying writ relief and reinstating the 2009 denial based on substantial evidence of current dangerousness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence of current dangerousness | Montgomery | State | Yes; there was more than a modicum of evidence linking lack of insight and addiction issues to dangerousness. |
| Lack of insight into causative factors of the life offense | Montgomery | State | Yes; evidence supports Board’s finding of lack of insight into causative factors. |
| Addiction and the 115 tobacco violation as predictors of risk | Montgomery | State | Yes; tobacco violation and addiction history have a rational nexus to current dangerousness. |
| Antisocial behavior and compliance with parole controls as indicators | Montgomery | State | Yes; failure to adhere to rules indicates ongoing risk to public safety. |
Key Cases Cited
- In re Shaputis, 53 Cal.4th 192 (Cal. 2011) (governs the 'some evidence' standard and requires not reweighing the evidence)
- In re Lazor, 172 Cal.App.4th 1185 (Cal. App. 2009) (parole-suitability review and standard of review)
- In re Reed, 171 Cal.App.4th 1071 (Cal. App. 2009) (antisocial behavior and parole conditions as risk indicators)
- In re Rosenkrantz, 29 Cal.4th 616 (Cal. 2002) (parole suitability and antisocial acts standard)
- In re Prather, 50 Cal.4th 238 (Cal. 2010) (mention of mootness considerations and Board review)