Another Habeas Corpus Case Results in Early Parole Consideration

Last week, we celebrated the court decision in “In Re Edwards” — a habeas corpus case in Los Angeles County Superior Court which granted Vincent Edwards his petition for early parole consideration under Proposition 57 rules.

Read more about the Edwards decision here: https://www.unitethepeople.org/news/2018/9/13/court-decision-allows-nonviolent-three-strikers-to-seek-release-under-prop-57

Now, a new habeas corpus petition has been granted to non-violent “third striker” Paul Grinker, with presiding judge Susan Speer of the Los Angeles County Superior Court issuing the decision.

“We consider whether Department of Corrections and Rehabilitation (CDCR) regulations adopted to implement Article I, section 32, subdivision (a)(1) of the California Constitution (hereafter section 32(a)(1)) validly exclude petitioner Paul A. Grinker (Grinker), an admittedly nonviolent “Third Strike” offender sentenced to an indeterminate term, from early parole consideration relief under section 32(a)(1). The outcome here is controlled by our opinion in In re Edwards (September 7, 2018, B288086) ___ Cal.App.5th ___ (Edwards), published this same day. We grant Grinker’s petition and order early finality of our decision in this court. The Board of Parole Hearings shall determine whether Grinker is eligible on the merits for early parole release under section 32(a) (notwithstanding Cal. Code Regs., tit. 15, subd. 3492(c)(9)) within 5 days of the date this opinion is final. If determined to be eligible, Grinker shall be released forthwith…”

According to Judge Speer, “On March 19, 2018, Grinker filed a habeas corpus petition challenging the CDCR’s regulations implementing section 32(a)(1) because they exclude third-strike offenders serving an indeterminate sentence for a nonviolent offense from parole consideration, enacted as part of Proposition 57, the Public Safety and Rehabilitation Act of 2016.”

This is exciting news for many reasons. First, it means that Edwards is now established case law in California and can be referenced in any case dealing with the release of nonviolent third strikers under Prop 57 rules. The success of Edwards as precedent in the Grinker case means nonviolent third strikers can now seek relief under Prop 57, which was previously blocked by heavy handed, pro-incarceration CDCR rules.

Second, it means that writs of habeas corpus filed in California Superior Court for an inmate who would otherwise have been eligible for release under Prop 57 (but was blocked by CDCR) will be granted. We encourage our supporters who wish to begin this process to use Unite the People’s Legal Services Network. Click here to be connected with an attorney who can help with your case.

Judson Parker4 Comments