This is an update from qwerty's post of the "Landmark Decision..." concerning California Lifers.

GREAT NEWS!!

"As an update, George Scott is now home for the holidays due to his deserving case, and the diligent work of his attorney (Michael Satris), and TiPS attorneys from ACLU and Latham & Watkins -- and VCRC/TiPS members helped to make much of this success a reality!!! In reaching its decision, the appeals court raised the very arguments which were contained in TiPS' Amicus brief. The Attorney General, acting on behalf of the Governor and CDCR, tried to appeal the decision to the California Supreme Court, asking that they 1) not order the direct release and instead allow the Governor/CDCR to control the release, 2) delay the release of George Scott, and 3) depublish the decision from public records so it could not be used by other courts in other cases. The California Supreme Court said "No" to all 3 of the AG's requests and George Scott walked out the prison doors! This is indeed a great victory for the prison reform community since similar cases for our own members may now cite In re Scott as controlling caselaw to their own case."
Resource:
http://www.correctionsreform.com/index.php

This is great news, now lifers that have dates reversed by the governor can appeal the decision using as reference, this case.
My husband is going in front of the board for the 7th time and he has a good chance of getting a date.
The only concern that I have is....does this apply to the board as well???
I have downloaded George's case from this site and doing a lot of research on this.
Info:
http://www.aclunc.org/pressrel/050601-scott.html

That is a good first step !!!! congrats to those who this will effect!!!!!

penwife

this is excellent!

Hooray for the Cali Supreme Court!

I was wondering the same thing...does it only apply to a governor's veto? It seems to me (not that they're asking LOL) the same rules ought to apply to the board's decisions too.

Wow great news!!

You know what qwerty,
I think you're right. My guess is someone would have to petition a claim against the board as the case against the governor and apply the George Scott case and similiar cases as reference.
Because from what I'm getting, it has more to do with a person's status of a "reasonable threat to public safety", therefore this is the reason the baord denies parole based upon this criteria as well. I really don't see the dfference.
The board denies people based upon very little things and sometimes just using the actual crime itself as reasons for denial, even though many are eligible.
I mean what the heck is the reason for slapping one with life with parole if they are never paroled?
Hopefully this will follow through in other States as well.

Loving, I hope someone puts it to the test soon! I think many cases are denied because of the "original crime," so this case ought to apply to them as well.

With so many 3 strikers now -- 7 to life, 15 to life, 25 to life -- the state is going to be overwhelmed in a few years if it doesn't turn around its practice of not parolling any of them!!

qwerty,
OMG!! Can you image the backlog!!!!!
My husband's and many other lifer's hearing date were set back for months. There's no telling when my husband will be up. They gave my husband a year denial but the way it looks, he will be going on a second year!
Then when all of the 3rd strikers get their turns, it will set back everyone even more.
Tax Payers should truly be concerned about this because we already have over populated prisons of people that don't need to be there and the board is breaking the law by not giving inmates their rights on timed parole hearings.

This sounds like great news. GOD BLESS TO ALL.

You are so right . it has nothing to do with the crime at all or even how long ago the crime was commited. Its all about locking ya up instead of helping ya !

Hemet huh?? SJ Here!

im from sj too, my man is in h.d.s.p, doing life....

This is fantastic news! I'm hope it'll help to get my pen pal out this time. In two months she's going to have her 16th parole hearing. About bloody time she got a break.