Dannenberg previously had his parole denied, which was upheld in In re Dannenberg (2005) 34 Cal.4th 1061. In his latest hearing, the Board found him eligible for parole, but the governor reversed the decision. He filed a habeas corpus petition in the superior court which was denied. He filed a new petition in the Court of Appeal. In a published decision, the court granted relief. It found that there was insufficient reason to believe the commitment offense continued to make him ineligible for release.