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Bankston v. Curry

July 21, 2008

LEWIS DALE BANKSTON, PETITIONER,
v.
BEN CURRY, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Charles R. Breyer United States District Judge

ORDER

In 1986 petitioner was convicted by a jury of second-degree murder and was sentenced to 15 years to life with a two-year consecutive enhancement for use of a firearm.

He filed this petition for habeas corpus after the California Board of Parole Hearings denied him parole in March 2005. Now pending is Respondent's motion to dismiss.

PROCEDURAL HISTORY

On February 24, 2005, the Superior Court of the State of California in and for the County of Madera granted a petition for habeas corpus of petitioner Lewis Dale Bankston ("Bankston"). The court ordered the California Board of Parole Hearings ("the Board") to conduct a new parole suitability hearing for Bankston and to render a decision that conforms with the following guidelines:

1. Comply with In re John E Dannenberg, 34 Cal. 4th 1061 (2005);

2. Consider Bankston's psychological profile as a factor favoring his application for a parole date unless a new psychological evaluation supports a different conclusion; and

3. Consider Bankston's work history, education, volunteer work and discipline free incarceration as factors supporting his application for parole. The Board conducted a subsequent parole consideration hearing on March 23, 2005.

The Board again found Bankston not suitable for parole and issued a three-year denial. Bankston then filed in the Madera Superior Court an Application for an Order to Show Cause Re Contempt. Bankston argued that the Board had violated the Superior ...


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