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 (from Petition)

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
FAIRLY WITH EVEN-HANDED JUSTICE IN SUITABILITY HEARINGiBE TREATED
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?

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?

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
Joseph Belarde Garcia
Joseph Belarde Garcia — Petitioner