In re Casey, Court: California Courts of Appeal, Docket: B321709 (Second Appellate District)
Opinion Date: September 28, 2023. Petitioner is serving a life term for the brutal murder of a 15-year-old girl. After Petitioner served 23 years and three months, the parole board granted him parole. The Governor reversed the parole board’s decision and denied Petitioner parole on the ground that Petitioner lacks insight into his crime. The superior court granted Petitioner’s petition for a writ of habeas corpus. The People appealed from the court’s order granting the petition. The Second Appellate District reversed. The court explained that the Governor may rely on the aggravated circumstances of the commitment offense as a basis for his decision to deny parole, but the aggravated circumstances do not in themselves provide some evidence of current dangerousness. The failure to gain insight into the cause of the crime is a factor that shows a continuing threat to public safety. The court wrote that here, there can be no dispute that the circumstances of the murder were aggravated. Petitioner and his companions brutally murdered a 15-year-old girl. The Governor found that Petitioner remains a current risk to the safety of society because he lacks insight to the cause of the crime. Petitioner explained that at the time he committed the murder, he was hurt and angry. He thought that violence against someone who could not hurt him was an appropriate response. Nothing Petitioner said explains the brutal murder of a 15-year-old girl. The Governor could reasonably conclude that Petitioner lacks insight into his crime.
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