In re Ilasa
Annotate this CaseThe Court of Appeal issued an order to show cause in response to William Ilasa's petition based on his allegations that he was denied due process of law when, at the conclusion of a prison-reduction procedure developed pursuant to the order of the three-judge federal court, the Board of Prison Hearings did not grant him parole as a non-violent, non-sex-registrant second-strike (NVSS) inmate. The federal court order at issue was issued in a prison class action litigation after the court found that California state prisoners' federal constitutional rights had been violated as a result of overcrowding, after the court found that a prison release order was the only relief capable of remedying the constitutional deficiencies, after the United States Supreme Court affirmed those rulings, after the three-judge court issued its remedial order in reliance on the state defendants' representation and agreement that they would develop comprehensive and sustainable prison population-reduction reforms, and after the state defendants agreed not to contest the remedial order. The California Court of Appeal concluded that, because the Board's decision involved a constitutionally protected liberty interest, Ilasa was entitled to judicial review of the decision. The Court further concluded that, because the record of what was presented to the Board during the review process contained some evidence to support the Board's decision, Ilasa's due process rights were not violated. Accordingly, the Court of Appeal considered Ilasa's petition on its merits and denied it.
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