In re Young
Annotate this CaseIn 1993, a jury convicted Young of the second degree murder of his former girlfriend in 1991. He was sentenced to a term of 15 years to life. Now 53 years old, he has been denied parole by the Board five times. The court of appeal previously held that the Board’s 2009 denial violated his due process rights and that stated reasons for denial were not supported by evidence rationally indicative of current dangerousness. The Board failed to conduct a new suitability hearing as ordered, but in 2012, held another hearing and denied parole, committing the same errors previously pointed out: it did not duly consider Young’s insights into why he committed the murder or the prolonged stresses he experienced prior to it; mischaracterized his insights and stresses; and failed to consider his post-conviction conduct. The heinous nature of the crime itself is not sufficient to deny parole. The Board violated his due process rights to a decision based on the evidence, not conjecture, and on consideration of all relevant suitability factors. The court ordered the Board to vacate its denial and immediately grant parole, subject to review by the Governor.
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