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44 Cal. 4th 1241

In re Shaputis

California Supreme Court

Decided August 21, 2008

California Supreme Court · decided 2008-08-21

Cited by 271 later decisions (4 by the Supreme Court) — most recently June 2018 · most notably 44 Cal. 4th 1181 - In re Lawrence (2008), Swarthout v. Cooke (2011)

28 federal appellate · 159 state decisions

Relies on 29 Cal. 4th 616 - In Re Rosenkrantz · 44 Cal. 4th 1181 - In re Lawrence · 34 Cal. 4th 1061 - In Re Dannenberg

Good law ✅— No negative treatment on recordhow we know

Decided 2008-08-21

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CHIN, J., Concurring.

¶1I agree that some evidence supports the denial of parole in this case, just as it did in the companion case of In re Lawrence (2008) 44 Cal.4th 1181 [82 Cal.Rptr.3d 169, 190 P.3d 535] (Lawrence). As he did in Lawrence, the Governor assessed the petitioner’s case individually and considered all relevant factors before reaching a reasoned decision denying parole. Accordingly, as I stated in my dissent in Lawrence, we must defer to the judgment of the branch of government entrusted with the parole decision. (See In re Dannenberg (2005) 34 Cal.4th 1061 [23 Cal.Rptr.3d 417, 104 P.3d 783]; In re Rosenkrantz (2002) 29 Cal.4th 616 [128 Cal.Rptr.2d 104, 59 P.3d 174].)

¶2I see no basis to distinguish this case (involving a conviction of second degree murder) from Lawrence, supra,44 Cal.4th 1181 (involving a conviction of first degree murder) and to release Lawrence but deny parole to *1262Shaputis. I therefore adhere to the views expressed in my Lawrencedissent CLawrence, supra, 44 Cal.4th at p. 1230 (dis. opn. of Chin, J.)) and, accordingly, concur in the result only.

¶3Baxter, J., and Corrigan, J., concurred.

¶4Petitioner’s petition for a rehearing was denied October 22, 2008. Werdegar, J., did not participate therein.

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