In re Pugh
140 Cal. Rptr. 3d 194
Cal. Ct. App.2012Background
- William Jon Pugh, age 18 at the April 1986 offense, was convicted of second degree murder and sentenced to 15 years to life plus two years.
- Pugh spent 24 years in prison before being released pending this appeal; the Board granted parole in October 2009, which the Governor reversed.
- A habeas petition granted by the trial court challenged the Governor’s reversal as not supported by some evidence of current dangerousness.
- The Governor relied on the offense’s heinous nature and Pugh’s alleged lack of insight into his violent behavior as reasons to deny current danger.
- The trial court concluded there was no evidence Pugh lacked insight; the Board’s 2009 parole decision was reinstated by the trial court, while the Governor’s reversal was vacated.
- The court ultimately reinstated the Board’s 2009 decision, directing parole on terms consistent with that decision; Pugh was released in the following month.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is some evidence of current dangerousness | Pugh | Governor | Yes, not supported; no current dangerousness evidence |
| Whether lack of insight and offense circumstances justify denial | Pugh | Governor | No rational nexus; not probative of current danger |
| Remedy when Governor overturns Board decision based on lack of some evidence | Pugh | Governor | Remedy is reinstating Board decision, not remanding |
| Whether post-Shaputis standards limit reliance on older records | Pugh | Governor | Shaputis II does not compel reversal here; no absent-inconsistencies |
Key Cases Cited
- In re Lawrence, 44 Cal.4th 1181 (Cal. 2008) (some evidence standard for current dangerousness; de novo Governor review)
- In re Rosenkrantz, 29 Cal.4th 616 (Cal. 2002) (Governor may resolve conflicts in evidence; discretion on risk)
- In re Shaputis, 44 Cal.4th 1241 (Cal. 2008) (parole decisions; credibility and latest evidence importance)
- Palermo, 171 Cal.App.4th 1096 (Cal. App. 2009) (Board may not condition parole on admission; lacking insight evidence must be credible)
- In re Criscione, 180 Cal.App.4th 1446 (Cal. App. 2010) (requirement that factual nexus support current dangerousness)