The high court voted to take up the cases of Robert Rosenkrantz and Mark Smith, both convicted murderers found suitable for release by California’s Board of Prison Terms who saw those decisions reversed by Gov. Gray Davis.

“Obviously, we’re glad the Supreme Court has decided to hear the case. The court is likely to be the final arbiter” on defining the governor’s authority, said Nathan Barankin, a spokesman for the attorney general’s office.

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