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Name: In re Jackson
Case #: B228409
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 03/30/2011

A prisoner’s consistent denial that he committed the second degree murder is not a sufficient basis to find that he constitutes a current risk to public safety and to deny parole. At his eighth parole hearing, Jackson indicated that he did not wish to discuss the facts of the underlying conviction. The board questioned him about his statements made during a psychological evaluation in which he discussed the infidelity in his relationship with the victim and his feeling that he contributed to circumstances that led to her death. The board agreed that an inmate is not required to admit guilt, but concluded that he had not taken responsibility by actively denying the crime and that demonstrated lack of insight. The board indirectly relied on evidence expressly prohibited by Penal Code section 5011, subdivision (b) in denying parole.