In re McGraw

Full title: In re DAVID H. McGRAW On Habeas Corpus.

Court: California Court of Appeals, Fifth District

Date published: Mar 16, 2009

No. F054655 (Cal. Ct. App. Mar. 16, 2009)

Opinion

Page 1355a

171 Cal.App.4th 1355a __ Cal.Rptr.3d__ In re DAVID H. McGRAW On Habeas Corpus. F054655 California Court of Appeal, Fifth District March 16, 2009

THE COURT:

It is ordered that the opinion herein filed on February 19, 2009, (171 Cal.App.4th 251; ___ Cal.Rptr.3d ___ ), be modified as follows and the petition for rehearing is DENIED:

1. On page 10[171 Cal.App.4th 262 advance report, line 1], strike the sentence that follows “(Cf. In re Bernadette C. (1982) 127 Cal.App.3d 618, 625 [179 Cal.Rptr. 688].)” and insert the following sentence in its place: “Since the “paramount consideration” at a Board hearing, as clarified by Lawrence and Shaputis, is “whether the inmate currently poses a threat to public safety,” and since “the inmate’s due process interest in parole mandates a meaningful review of a denial-of-parole decision” (Shaputis, supra, 44 Cal.4th at p. 1254, citing Lawrence, supra, 44 Cal.4th at p. 1191), and since on the record before us we cannot conclude the error was harmless, we will reverse the Board’s decision and will remand the matter to the Board for reconsideration in light of Lawrence and Shaputis within 60 days of the finality of this decision.”

This modification does not effect a change in the judgment.

The petition for rehearing is denied.