In Re Powell

In April 1982 petitioner James Powell was convicted of two counts of second degree murder and the use of a deadly weapon and sentenced to 16 years to life in state prison. On May 6, 2009, the Board of Parole Hearings (Board) again determined that petitioner is unsuitable for parole because he poses a present risk of danger to society or a threat to public safety if released. Because we conclude the Boards decision was not supported by "some evidence" we reverse that decision and remand the matter to the Board to conduct a new parole-suitability hearing.