APPELLATE COURT’S RULING ON VAN HOUTEN PAROLE
May 30 – The petition for writ of habeas corpus is granted. The Governor’s decision reversing the Board of Parole Hearings’ July 2020 decision finding Leslie Van Houten suitable for parole is vacated, the grant of parole is reinstated, and the Board of Parole Hearings is directed to conduct its usual proceedings for a release on parole. (See In re Lira (2014) 58 Cal.4th 573, 582.)
– Bendix & Chaney.
I conclude the record contains some evidence Van Houten lacked insight into the commitment offense. Coupled with the heinous nature of that crime, this is sufficient under Lawrence, supra, 44 Cal.4th at p. 1214, to provide some evidence of current dangerousness and support the Governor’s decision. Accordingly, I would deny Van Houten’s petition for writ of habeas corpus.
According to Mary Xjimenez, from the California Department of Corrections and Rehabilitation:
Appellate court decisions become final after 30 days, and then there are 10 days where review can be sought in the California Supreme Court. (Cal. Rules Ct., rules 8.490, subd. (b)(2); 8.500, subd. (e).) The Governor may seek review for such court decisions, or the court can review such decisions on its own motion. (Cal Rules Ct., rule 8.512.).
If an appellate court’s decision becomes final, the case will be returned to the Board of Parole Hearings to consider any recent developments that might justify rescinding the parole grant. (In re Lira (2014) 58 Cal.4th 573, 582.). If there is no such change or new information, the Board will issue a release memo and CDCR will process the person for release.