Legal News

Cal Supremes set limits on courts' parole decisions

By Richard Binder

On Thursday the California Supreme Court, in deciding two unrelated cases, unanimously held that courts should not order prisoners released or "place improper limitations" on the type of evidence the state Board of Parole Hearings considers.

Michael Prather was sentenced to 25 years to life in prison for the 1982 death of Elroy Ruiz. Although he maintained he was not the shooter, Prather admitted to participating in dragging Ruiz from his car to steal his wallet. The parole board found him suitable for release in 2005 and 2006, but the governor reversed both decisions and the board denied parole the following year. The appeals court ruled there was no evidence to support unsuitability and ordered the board to find Prather suitable unless new evidence emerged that justified keeping him in jail.

Miguel Molina was sentenced to 15 years to life in prison for the shooting death of Ruben Morales in 1984 in Arroyo Grande. He was found suitable for parole in 2002, but the governor reversed and the board denied parole again in 2006. The appellate court found there was no evidence that Molina presented a danger to society due to his consistently positive mental health examinations, and ordered the parole board to release Molina immediately.

In writing for the Court, Chief Justice Ronald George said that both appellate courts "improperly restricted the Board?s exercise of its discretion? and ?erroneously failed to recognize the Board?s statutory obligation to consider the full record in making a parole-suitability determination."

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Full post as published by Legal Pad | LA on August 02, 2010 (boomark / email).