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For the second time in about six weeks, appeal court justices have rebuffed a parole denial by Gov. Gray Davis, saying he didn't have enough evidence to keep the man behind bars. In a 2-1 ruling on Thursday, Los Angeles' Second District Court of Appeal said Davis -- who overturned the state Board of Prison Terms' parole recommendation for convicted murderer Mark Smith -- failed to meet the fairly low "some evidence" standard laid out by the California Supreme Court in December's In re Rosenkrantz .
June 06, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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