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Name: In re Lee
Case #: B188831
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/17/2006

Petitioner sought a writ of habeas corpus ordering his release on parole after the Governor reversed the BPT’s recommendation to grant him parole. The appellate court granted the writ and ordered his release. There was no evidence that Lee, who was 81 years old, ill, and completely disabled, would endanger the public if released. The reasons the Governor cited for denying parole (the nature of Lee’s crimes, which involved shooting the victim in the head three times) did not change these facts or show that Lee’s release would endanger the public.