The Second Appellate District affirmed a trial court order granting a petition for writ of habeas corpus. The court held that the Governor of California could not rely on an inmate’s avowed innocence as evidence of lack of insight into the nature and magnitude of the inmate’s offense when considering whether the inmate should be denied parole as an unreasonable risk to public safety.
Michael McDonald was convicted of second degree murder in 1992 primarily on the basis of testimony from members of a “secret” group of high school students. McDonald was 16 at the time of the offense. He had no prior criminal record and no history of misconduct at school. He did not have a problem with drugs or alcohol.
