No. 20-5835

Joseph Belarde Garcia v. California

Lower Court: California
Docketed: 2020-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection fourteenth-amendment habeas-corpus parole parole-board prisoner-rights victim-impact-statement
Key Terms:
DueProcess
Latest Conference: 2020-11-20
Question Presented (AI Summary)

Can a state parole board commit a fatal error by the refusal to entertain favorable evidence of the state prisoner for his suitability to be released upon parole?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED CAN A STATE PAROLE BOARD COMMIT A FATAL ERROR BY THE REFUSAL TO ENTERTAIN FAVORABLE EVIDENCE OF THE STATE PRISONER FOR HIS SUITABILITY TO BE RELEASED UPON PAROLE? DOES THE DUE PROCESS OF LAW CLAUSE OF THE FOURTEENTH AMENDMENT MANDATE A "FAIR PROCESS" TO A STATE PRISONER IN SUITABILITY HEARING FOR RELEASE ON PAROLE? DOES THE EQUAL PROTECTION OF LAW CLAUSE OF THE FOURTEENTH AMENDMENT MANDATE THAT ALL STATE PRISONERS' BE TREATED FAIRLY WITH EVEN-HANDED JUSTICE IN SUITABILITY HEARING FOR RELEASE ON PAROLE? CAN A STATE SUPREME COURT DENY A PETITION FOR WRIT OF HABEAS CORPUS, WHEN A LAW ENFORCEMENT INVESTIGATOR EDITED AND FABRICATED AN "IMPACT STATEMENT" OF ALLEGED VICTIM? // //

Docket Entries

2020-11-23
Petition DENIED.
2020-11-05
DISTRIBUTED for Conference of 11/20/2020.
2020-10-28
Waiver of right of respondent California to respond filed.
2020-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2020)

Attorneys

California
Susan Sullivan PitheyCalifornia Attorney General's Office, Respondent
Susan Sullivan PitheyCalifornia Attorney General's Office, Respondent
Joseph Belarde Garcia
Joseph Belarde Garcia — Petitioner
Joseph Belarde Garcia — Petitioner