No. 24-6337

Sirhan B. Sirhan v. California

Lower Court: California
Docketed: 2025-01-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process eighth-amendment governor-discretion parole-review youth-offender-protections
Latest Conference: 2025-02-21
Question Presented (from Petition)

1. DOES CALIFORNIA CONSTITUTION ARTICLE V, SECTION 8(b) VIOLATE THE U.S. CONSTITUTION'S DUE PROCESS CLAUSE BECAUSE OF THE INTOLERABLE RISK THAT PUBLICLY ELECTED GOVERNORS LACK NECESSARY NEUTRALITY?

2. WAS PETITIONER'S FUNDAMENTAL RIGHT TO A FAIR AND NEUTRAL ARBITER VIOLATED WHEN THE GOVERNOR WHO REVIEWED THE PAROLE BOARD DECISION HAD A WELL PUBLISHED AFFINITY AND PERSONAL CONNECTION TO THE VICTIM?

3. DOES CALIFORNIA CONSTITUTION ARTICLE V, SECTION 8(b) IMPROPERLY IMPACT YOUTH OFFENDERS BECAUSE OF THEIR UNIQUE CONSTITUTIONAL PENOLOGICAL PROTECTIONS AND THEREBY VIOLATE THE EIGH TH AMENDMENT RIGHT AGAINST CRUEL AND UNUSUAL PUNISHMENT?

4. DOES CALIFORNIA CONSTITUTION ARTICLE V, SECTION 8(b) VIOLATE THE U.S. CONSTITUTION'S DUE PROCESS CLAUSE BECAUSE DUE PROCESS SAFEGUARDS, SUCH AS THE RIGHT TO BE HEARD, RIGHT TO REVIEW THE RECORD, AND TO HAVE COUNSEL ATTEND THE HEARING, ARE NOT AVAILABLE DURING THE GOVERNOR'S REVIEW PROCESS, EVEN WHEN NEW EVIDENCE IS IMPROPERLY CONSIDERED BY THE GOVERNOR?

Question Presented (AI Summary)

Does California Constitution Article V, Section 8(b) violate the U.S. Constitution's Due Process Clause by allowing a publicly elected Governor to review parole board decisions without sufficient procedural safeguards?

Docket Entries

2025-02-24
Petition DENIED.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-01-29
Waiver of California of right to respond submitted.
2025-01-29
Waiver of right of respondent California to respond filed.
2024-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2025)

Attorneys

California
Sara Jean RomanoCalifornia Attorney General's Office, Respondent
Sirhan B. Sirhan
Angela M. BerryLaw Offices of Angela Berry, Petitioner