The California Supreme Court reversed a decision of the court of appeal. The court held that a reviewing court may not substitute its own judgment for that the of the executive branch following a denial of parole, but is instead limited to determining whether the executive branch’s decision was supported by “some evidence.” The court held further that the executive branch may properly rely on older evaluations and inmate statements for its finding of “some evidence” supporting a denial of parole where an inmate has refused to submit to a current evaluation or to participate in his or her parole hearing.
In 1987, a jury convicted Richard Shaputis of the second degree murder of his wife. The jury also found true that Shaputis used a firearm in connection with the offense. He was sentenced to 15 years to life with the possibility of parole, plus a determinate two-year sentence for the firearm use.
