In re Palmer

In 1988, Palmer, then 17, pled guilty to kidnapping for robbery. Sentenced to life with the possibility of parole, Palmer has gone before the State of California Board of Parole Hearings 10 times, without success. In 2015 he was denied parole with a five-year denial. Palmer claims that the Board wrongfully refused to set a base term and an adjusted base term for Palmer‘s commitment offense, and applied the incorrect standard at Palmer‘s parole hearing by failing to give great weight to the youth offender factors. The court of appeal issued an order to show cause. Six days later, the Board calculated Palmer‘s base and adjusted base terms. The court of appeal then ordered the Board to hold a new hearing. The 2015 hearing did not comply with the requirement of setting a base term and an adjusted base term; the Board must take into account the adjusted base term‘s relationship to time served before deciding to deny parole. The issue of excessive punishment must be factored into the term of the Board‘s denial. The Board did not identify substantial evidence that Palmer is currently dangerous. View "In re Palmer" on Justia Law