Prisoner at parole rescission hearing has a right to call witnesses
In re Foster (Cal. Ct. App., Nov. 1, 2022, No. A160713) 2022 WL 16570551, at *1
Summary: Foster, a state prison inmate, was sentenced in 1998 to an indeterminate term of 23 years to life. After the Board of Parole Hearings (the Board) found him suitable for parole in 2019, the Governor referred the decision to the Board for en banc reconsideration under Penal Code section 3041.1. The Board ordered a rescission hearing to determine whether the grant of parole was improvident, based on the concerns raised by the Governor.
Under the regulations governing parole rescission hearings (and as he had been informed in writing by the Board), Foster requested the presence of evidentiary witnesses at the rescission hearing, including the author of the Comprehensive Risk Assessment that the Governor quoted from and relied on in his referral letter. The Board denied Foster’s request for witnesses, the panel rescinded the grant of parole. Foster petitioned for a writ of habeas corpus, arguing that the Board improperly denied his request to subpoena witnesses for the rescission hearing