In re Shigemura
148 Cal. Rptr. 3d 230
Cal. Ct. App.2012Background
- Board denied parole based on inmate's lack of insight into Holloway's murder
- Shigemura, 22, participated in life crime with Jurado and Humiston; she drove the car during Holloway's killing
- Holloway was 17 weeks pregnant; Jurado strangled and beat Holloway; cleanup and concealment followed
- Shigemura pled guilty to first-degree murder and was sentenced to 25 years to life
- Trial court granted habeas corpus relief, but the warden appealed; appellate court reversed and restored board decision
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there some evidence of current danger to public safety? | Shigemura lacks insight evidenced by plan to kill Mynett and subsequent actions | Board properly weighed evidence, including lack of insight, to find unsuitability | Yes; there is some evidence supporting lack of insight |
| Is the standard of review correctly applied to defer to the Board while allowing some independent review? | Trial court misapplied weight of evidence standard; independent review required | Court should defer to Board, reviewing record for some evidence of danger | Yes; standard is deferential but includes robust independent review |
| May lack of insight into the life crime be a significant factor supporting denial? | Psychological findings show remorse and insight; lack of insight not essential | Lack of insight is a significant factor demonstrating current danger | Yes; lack of insight is a significant factor supporting denial |
| Did the trial court err by finding the weight of the evidence against the Board's finding? | Weight-of-evidence errors justified habeas relief | Record supports Board's determination; no weight-of-evidence error | Yes; trial court erred; petition properly denied |
Key Cases Cited
- In re Rosenkrantz, 29 Cal.4th 616 (Cal. 2002) (highly deferential yet robust 'some evidence' review for parole)
- In re Lawrence, 44 Cal.4th 1181 (Cal. 2008) (examines how unsuitability factors relate to current dangerousness)
- In re Shaputis (I), 44 Cal.4th 1241 (Cal. 2008) (insight/remorse and ongoing violence history as factors)
- In re Shaputis (II), 53 Cal.4th 192 (Cal. 2011) (confirms limited review and significance of insight to danger)
- In re Davidson, 207 Cal.App.4th 1215 (Cal. App. 2012) (independent review of administrative record in parole cases)