In two unrelated cases decided today, the appellate courts had ordered the parole board to immediately release inmate Miguel Molina and to find prisoner Michael Prather suitable for parole unless new evidence supported keeping him behind bars.
The Supreme Court ruled that once a writ of habeas corpus is granted, the courts “generally” should order the parole board to conduct a new hearing where it considers all relevant evidence consistent with due process — and not order prisoners released or direct what evidence the board considers.
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