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In Re Stephen Schrader On Habeas Corpus.

March 30, 2011

IN RE STEPHEN SCHRADER ON HABEAS CORPUS.


(Super. Ct. No. C13999)

The opinion of the court was delivered by: Mauro ,j.

In re Schrader CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Inmate Stephen Schrader pleaded guilty to second degree murder in 1995. On July 8, 2008, the Board of Parole Hearings (Board) conducted a hearing and found Schrader unsuitable for parole. Schrader petitioned the superior court for a writ of habeas corpus. The superior court granted the petition, finding that the Board's determination was not supported by "some evidence."

The Attorney General appeals, challenging that portion of the trial court's order directing the Board to find Schrader suitable for parole unless new evidence of his conduct or change in his mental state since 2008 supports a determination that he poses an unreasonable risk of danger to society if released on parole. In other words, the scope of this appeal is limited to whether the trial court erred in directing the Board to find Schrader suitable for parole absent new evidence.

We agree with the Attorney General that pursuant to the California Supreme Court's recent opinion in In re Prather (2010) 50 Cal.4th 238 (Prather), it was error for the superior court to direct the Board to find Schrader suitable for parole absent new evidence. Instead, the superior court should have simply remanded the matter back to the Board for another hearing without placing unnecessary limitations on the scope of the Board's review. We will modify the superior court's order so that it complies with Prather, supra, 50 Cal.4th 238.

FACTS AND PROCEDURAL BACKGROUND

Because the sole issue on appeal is one of procedure, our recitation of the facts and procedural background is appropriately limited.

In 1995, Schrader pled guilty to murder in the second degree and was sentenced to 15 years to life in prison.

In August 2006, Schrader attended his initial parole consideration hearing. The Board found that he was not suitable for parole and would pose an unreasonable risk of danger to society or a threat to public safety if released from prison. He was given a four-year denial.

On May 6, 2008, the superior court issued an order reversing the Board's four-year denial and ordering that Schrader be given a parole hearing within 60 days.

Accordingly, Schrader appeared for a subsequent hearing on July 8, 2008.

Schrader testified about his involvement in the murder. Schrader had been partying with several younger individuals at his parents' vacation home when a female acquaintance told him she had quarreled with her boyfriend (the victim). Knowing that another of his partying companions had said that he wanted to confront and "beat up" the victim, Schrader went to the victim's house and asked the victim to come over and look at some stereo equipment. When they arrived at the house, Schrader led the victim downstairs into the garage where Schrader's companion beat ...


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