Parole Hearings

Case Name: In re Tapia , District: 4 DCA , Division: 3 , Case   #: G046142

Opinion Date: 6/25/2012  , DAR #: 9912

Case Holding:

Petitioner's failure to divulge the   identity of his accomplice until the parole hearing was some evidence of parole   unsuitability, so as to justify the Board's decision to deny parole. Appellant was convicted of first degree attempted murder, conspiracy to commit   murder, and kidnapping, and sentenced to 26 years to life in state prison. At   his parole hearing, he divulged the identity of his accomplice for the first   time. The Board found that failing to provide the identity of a violent criminal   for 17 years after the crime occurred constituted an ongoing threat to the   public. Petitioner's writ of habeas corpus was granted by the trial court but   reversed by the appellate court. The Board of Parole Hearings is responsible for   setting a date for the inmate's release after the parole hearing unless it   determines that public safety requires further incarceration. Under current   authority, if "some" evidence considered by the Board justifies its decision,   the decision will be upheld on review. In reviewing a parole-suitability   determination, the essential question is whether the inmate currently poses a   threat to public safety. Here, the court agreed with the Board that petitioner's   failure to identify his accomplice for 17 years might have allowed a dangerous   criminal to remain on the streets and neglected petitioner's societal obligation   to protect the public by reporting criminal activity. As such, this factor is   some evidence of petitioner's unsuitability for parole. There was also some   evidence that appellant downplayed the planning elements of the crime, which   also justified the Board's conclusion that he was unsuitable for parole.

When a person is sentenced to life in prison with possibility of parole, they would do best to hire an attorney to represent them at their parole board hearing. Mr. Derieg has litigated vast amounts of parole hearings, and has had success in doing so. Contact attorney George Derieg to litigate you or your family members parole hearing.

George Derieg
Attorney at Law

www.eastbayattorney.com

510-355-2747