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Name: In re Smith
Case #: H025304
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/15/2003
Subsequent History: None

The habeas record contained insufficient evidence to support the trial court’s finding that the governor’s order overturning a recommendation that petitioner be granted parole was based on a blanket policy of denying parole to convicted murderers. However, the record likewise lacked sufficient evidence to support the governor’s decision in this case. The appellate court remanded the matter with an order to reinstate the parole board’s decision, but held that the governor was entitled to reconsider the matter.