In re Kavanaugh

Docket NumberD076500
Decision Date25 February 2021
In 2016, California voters approved Proposition 57, the “Public Safety and Rehabilitation Act of 2016,” which amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense. Petitioners Alexei Kavanaugh, Alberto Moreno, and Larry Smith were denied parole release under the procedures established by the parole regulations. In separate habeas corpus proceedings challenging the parole denials, the trial courts invalidated the parole...

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10 cases
  • In re Bailey
    • United States
    • California Court of Appeals
    • March 28, 2022
    ...Code Regs., tit. 15, §§ 2449.1 , 2449.3 - 2449.7 , 3490 - 3493 (hereafter, the parole regulations).)" ( In re Kavanaugh (2021) 61 Cal.App.5th 320, 334, 275 Cal.Rptr.3d 696, fns. omitted.)In 2017 and 2018, the Board of Parole Hearings (Board) considered petitioner for Proposition 57 parol......
  • People v. Pillsbury
    • United States
    • California Court of Appeals
    • September 30, 2021
    ..., 562 U.S. at p. 220, 131 S.Ct. 859, citing Greenholtz , supra , 442 U.S. at p. 16, 99 S.Ct. 2100 ; see also In re Kavanaugh (2021) 61 Cal.App.5th 320, 353, 275 Cal.Rptr.3d 696, citing In re Sturm (1974) 11 Cal.3d 258, 268-270, 113 Cal.Rptr. 361, 521 P.2d 97 [a prisoner is not entitled to p......
  • In re Ernst
    • United States
    • California Court of Appeals
    • May 4, 2022
    ...consideration" and did not violate the due process rights of the prisoner in that case; the California Supreme Court denied review in Kavanaugh. We Kavanaugh persuasive to the extent it addressed the same issues raised in this case. We further conclude the superior court erroneously grant......
  • In re Flores (Anthony) on H.C.
    • United States
    • California Supreme Court
    • June 15, 2022
    ...Kavanaugh(2021) 61 Cal.App.5th 320 (Kavanaugh), which had denied a similar claim. Since then, two other appellate courts, also relying on Kavanaugh, have rejected similar due process asserting the right to an in-person hearing. (In re Bailey(2022) 76 Cal.App.5th 837; In re Ernst(May, 5, 202......
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