The court of appeals denied a motion. The court held that reconsideration of its dissolution of a stay of a district court order that a California prisoner be released pending the state’s appeal of that order was unnecessary once a decision was filed that resolved adversely to the state the issues that underlay its request for the stay.
California prisoner Kenneth Pearson petitioned in district court for writ of habeas corpus. Pearson asserted that the governor violated his due process rights by reversing the state parole board’s grant of Pearson’s parole without some evidence supporting that decision.
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