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Name: In re Roberts
Case #: S112505
Court: CA Supreme Court
District CalSup
Opinion Date: 07/21/2005

The Supreme Court granted review in this case to decide whether a habeas corpus petition challenging a Board of Prison Term (BPT) finding of parole unsuitability or denial of a parole date should be filed in and adjudicated by a court within the county where the petitioner was convicted and sentenced or the county in which he is incarcerated. The court concluded that the petition should be filed in the county in which the petitioner was convicted and sentenced. This type of decision is more like a sentencing determination made by a court in the county where judgment was rendered than it is a decision affecting confinement, and is more readily reviewable by a court located where the petitioner was sentenced than it is by a court where he happens to be incarcerated.