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Name: In re McClendon
Case #: A099191
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 11/13/2003
Subsequent History: None

In this fact specific case, the appellate court held that under the standards established in In re Rosenkrantz (2002) 29 Cal.4th 616 which provides for limited judicial review of the question, the Governor’s decision to reverse the parole board’s decision to parole McClendon was supported by some evidence of the appropriate factors. In particular, the nature of his crime, which showed a calculated attack on his estranged wife and his failure to accept full responsibility for the crime were established by the evidence. A gubernatorial decision to deny parole need not itemize all parole suitability factors. Finally petitioner’s offense was comparatively more egregious than the other second degree murders.