The habeas record contained insufficient evidence to support the trial courts 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 governors decision in this case. The appellate court remanded the matter with an order to reinstate the parole boards decision, but held that the governor was entitled to reconsider the matter.
Case Summaries