In re Palmer

In 1988, when he was 17 years old, Palmer pled guilty to kidnapping for robbery. Sentenced to life with the possibility of parole, Palmer has appeared before the Board of Parole Hearings 10 times, without success. In 2015, the Board deferred Palmer’s next hearing for five years. Palmer requested reconsideration, arguing that the Board had wrongfully refused to set his base term and an adjusted base term and failed to give “great weight” to the statutory youth offender factors: “the diminished culpability of youth as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity,” Pen. Code 3051(f)(1), 4801(c). The Board denied Palmer’s request, stating that appropriate weight had been given to the youth offender factors and that it would address the base term issue. No response was forthcoming. The court of appeal issued an order; the Board calculated Palmer’s base and adjusted base terms. In the meantime, the California Supreme Court relieved the Board of its obligations to calculate base terms and adjusted base terms and vacated the court of appeal’s determination with respect to Palmer. The court of appeal then held that Palmer is entitled to a new hearing due to the Board's failure to comply with a statutory mandate to give “great weight” to factors related to Palmer having been a minor when he committed his crime. View "In re Palmer" on Justia Law