In re Schuster
Annotate this CaseTodd Schuster petitioned the superior court for a writ of habeas corpus, seeking early parole consideration under Proposition 57. At the time, an emergency regulation of the California Department of Corrections and Rehabilitation (Department) rendered those who had a conviction for a sex offense requiring registration under Penal Code section 2901 ineligible for such consideration. The petition pointed out that under Proposition 57, all “nonviolent” offenders were eligible for early parole consideration. The only statutory definition of nonviolent was the definition of violent felonies in section 667.5, which did not include section 290 registrants. The trial court appointed counsel for Schuster; counsel then narrowed his argument to the claim that Schuster could not be declared ineligible for parole based only on his prior conviction for a sex offense. Whether a current conviction would render him ineligible for parole was not discussed. The trial court granted the petition and invalidated the regulation. In doing so, the court found that “nonviolent” felonies under Proposition 57 included only those felonies not listed as violent in section 667.5. The Department sought a stay and reconsideration, arguing the matter was moot because Schuster had been released from prison and the regulations had been revised. The court found the petition was not moot because it affected important issues of continuing public interest that may evade review and denied the stay. The court modified its order sua sponte to declare invalid two revised regulations that denied early parole consideration to those convicted of an offense requiring registration under section 290 or serving life terms for a violent offense. Ralph Diaz, Secretary of the Department, appealed that judgment. The Court of Appeal concluded the matter was not moot because it posed an issue of broad public interest that is likely to recur. Further, the Court concluded the trial court erred when it invalidated the unchallenged revised regulations. The judgment was modified to invalidate only the challenged regulation and then only to the extent it was applied to inmates like Schuster who were section 290 registrants solely due to a prior conviction.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.