Paul Grinker, Nonviolent 3rd Striker, Released After Successful Writ of Habeas Corpus Case
Unite the People has confirmed that Paul Grinker has been released from prison after a favorable decision in his Writ of Habeas Corpus case. Grinker was given his third strike and sentenced to 25 years to life for felony possession of a firearm in 1998.
Presiding judge Susan Speer of the Los Angeles County Superior Court issued 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.”
Judge Speer referenced the Edwards case, another Writ of Habeas Corpus case that successfully argued Prop 57 rules should apply to nonviolent third strikers. You can read more about that decision here: https://www.unitethepeople.org/news/2018/9/13/court-decision-allows-nonviolent-three-strikers-to-seek-release-under-prop-57
We are excited about the success of the Grinker case, and are currently encouraging all nonviolent third strikers who were previously left behind by Prop 57 rules to file a Writ of Habeas Corpus. We are offering this legal service for an affordable fee. Please follow the link below to request a consultation and to get the process started.