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Name: In re Shaputis
Case #: S155872
Court: CA Supreme Court
District CalSup
Opinion Date: 08/21/2008
Summary

In determining an applicant’s suitability for parole, the gravity of the commitment offense and the applicant’s attitude toward it, are factors that provide “some evidence” of his current dangerousness to public safety. After many years of abusing his wife and other family members, petitioner, shot and killed his wife while intoxicated. He was convicted of second degree murder and sentenced to prison. Following several parole denials, the board finally found petitioner suitable for parole, although reluctantly. The Governor reversed, finding petitioner continued to represent a threat to public safety because the committing crime was especially aggravated, petitioner had not fully accepted responsibility for it, and he lacked insight into his conduct toward the victim. Applying the standard articulated in Lawrence (2008) __ Cal.4th __ (S154018), the Supreme Court determined that the record established that the Governor accorded petitioner individualized consideration and that some evidence supported the Governor’s decision that petitioner remained dangerous to public safety, such that he was unsuitable for parole.