Northern California Judges Deny Petitions for Habeas Corpus

Several Northern California judges released orders denying petitions for habeas corpus.  Each of these cases has Ben Curry, the warden of Correctional Training Facility in Soledad as the name defendant, though Randy Grounds is presently the acting warden.

As this blog has previously noted, a prisoner can be denied parole if the Board of Parole Hearings or the governor finds "some evidence of dangerousness" if there is no finding then under Haggard v. Curry (9th Cir. 2010) the case is remanded to BPH to make a finding - the District Court cannot compel the warden to release the prisoner on parole.

In Morrison v. Curry is a petition for habeas corpus arising from Mr. Morrison's parole denial in 2006.  In 1983, a jury in San Bernadino County Superior Court convicted Mr. Morrison of two counts of kidnapping, two counts of robbery and sixteen various sex offenses.  The trial court judge sentenced him to two concurrent life sentences in prison with the possibility of parole.  In 2006 the BPH denied his request for parole.  Judge Marilyn Hall Patel explained the basis for the "some evidence" determination.

The state court’s determination that Morrison was currently a danger had far more than the necessary some evidence to support it. Morrison committed this offense when he was only 17 years old, but had already accumulated a notable juvenile criminal history, starting when he was about 13 years old, and had performed poorly when on probation for the earlier offenses. [O]nce in prison, his misbehavior continued. His disciplinary record cannot be characterized as minor or distant in time. To the contrary, he has received CDC-115s throughout his incarceration. And his five most recent disciplinary write-ups indicate he has an ongoing problem with alcohol.

She denied the petition for habeas corpus without granting a certificate of appealability.

Snider v. Curry is a petition for habeas corpus arising from Mr. Snider's parole denial in August 2007.  In 1986, a jury in Santa Barbara County Superior Court convicted Mr. Snider of second degree murder and attempted murder.  The trial court judge sentenced him to 24 years to life sentences in prison.  In 2007 the BPH denied his request for parole.  Judge Marilyn Hall Patel explained the basis for the "some evidence" determination.

Here, that “something” was a severe alcoholism problem that had not been sufficiently addressed. Snider’s struggle with alcohol abuse was so severe that it contributed to five DUI convictions and a bank robbery as well as the murder. Although Snider has adopted Christianity and prayer as a means of self-help, Snider’s lack of in-prison programming courses to cope with alcoholism and anger reasonably could be seen to indicate that Snider poses a current danger to society.

Judge Patel noted that problems with alcohol seventeen years ago could cause reasonable jurists to reach a different conclusion as to whether this was "some evidence of dangerousness."  She denied the petition for habeas corpus but granted a certificate of appealability.

White v. Curry is a petition for habeas corpus arising from Mr. White's parole denial.  In 1986, a jury in Los Angeles County Superior Court convicted Mr. White of second degree murder.  The trial court judge sentenced him to 17 years to life sentences in prison.  BPH, at some undisclosed time, denied his request for parole.  Judge Marilyn Hall Patel explained the basis for the "some evidence" determination.

Strangely, Mr. White did not ask to review his file before the parole hearing.  Once at the hearing, another inmates disciplinary record was included and Mr. White's vocational certificates were not.  Mr. White's plans upon release including getting a job (from an offer letter over a year old) and living with his mother (though it had been a while since she had written her approval of his plan).  Given the staleness of the release plan the commitment offense and Mr. White's prior criminality, BPH denied parole.  Judge Patel noted that  reasonable jurists to reach a different conclusion as to whether this was "some evidence of dangerousness."  She denied the petition for habeas corpus but granted a certificate of appealability.