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(Download) "In Re Minnis" by Supreme Court Of California * eBook PDF Kindle ePub Free

In Re Minnis

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eBook details

  • Title: In Re Minnis
  • Author : Supreme Court Of California
  • Release Date : January 21, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

We issued an order to show cause in response to the application of Norman Burke   Minnis for a writ of habeas corpus on allegations that the Adult Authority (Authority) abused its discretion when, after considering a statement filed pursuant to Penal Code section 1203.01*fn1 in which the district attorney set forth what petitioner claims are "false opinions," it not only fixed his sentence at maximum and denied him parole but also declared that future applications for fixing petitioner's term at less than maximum or for parole would not be considered. Additionally, petitioner contends that the procedures adopted by the Authority to implement its statutory powers of term-fixing and parole-granting violate the due process, double jeopardy, and equal protection provisions in the state and federal Constitutions and thereby render invalid those provisions of the California Penal Code commonly known as the Indeterminate Sentence Law. Although we reject petitioner's contentions based upon claims of constitutional infirmities, we agree that the Authority did abuse its discretion in the present case.


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