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In Re Rico

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eBook details

  • Title: In Re Rico
  • Author : Colorado Supreme Court
  • Release Date : January 26, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 86 KB

Description

In 1993, petitioner Daniel Rico was convicted by a jury of second degree murder with a principal-armed enhancement. He was sentenced to a term of 16 years to life in prison. In 2007, the Board of Parole Hearings (BPH) for the third or fourth time found Rico unsuitable for parole, based solely on the gravity of his commitment offense. Rico challenged the BPHs 2007 decision by way of a petition for writ of habeas corpus in the superior court, which was denied. He then petitioned this court for relief, urging that the BPHs decision was not supported by ?some evidence? he poses a current threat to public safety. We issued an order to show cause and requested the appointment of counsel for petitioner. We now conclude that the BPHs decision to deny parole is not supported by evidence that Ricos release would pose an unreasonable threat to public safety. Accordingly, we grant the writ petition.


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