Dannenberg v. Brown (2005)

See also United States v. Barnette, 390 F.3d 775, 807-08 (4th Cir.2004), vacated on other grounds, -U.S.-, 126 S.Ct. 92 , 163 L.Ed.2d 32 (2005) (finding, in a case involving carjacking and murder, that the district court’s instructions properly limited the pecuniary gain factor to the murder, and that the evidence supported the jury’s finding that the murder itself was committed with the expectation of receiving pecuniary gain); United States v. Roman, 371 F.Supp.2d 36, 46 (…

Le allegedly shot, two of whom were killed and two of whom were wounded.” Id. at 613 ; see also United States v. Bin Laden, 126 F.Supp.2d 290, 300 [(2001)] (holding “[the grave risk aggravator] relates to Defendants’ mental state with respect to persons who were not the intended victims of the bombings,” but the multiple killings/attempted killings aggravator “focuses on Defendants’ particular desire that there be multiple victims, rather than just one—i.e., the sheer magnit…

Rather, “the circumstances of the commitment offense (or any other factors related to unsuitability) establish unsuitability if, and only if, those circumstances are probative to the determination that a prisoner remains a danger to the public.” Lawrence, 44 Cal.4th at 1212 , 82 Cal.Rptr.3d at 190 , 190 P.3d 535 ; In re Rico, 171 Cal.App.4th 659, 673 , 89 Cal.Rptr.3d 866 (2009); Milot, 628 F.Supp.2d at 1167; see also Irons, 505 F.3d at 851-52 (“A prisoner’s commitment offens…

“However, petitioner has not been found suitable for parole, which is a prerequisite for the determination of a ‘base term’ and the calculation of a parole date.” Murphy v. Espinoza, 401 F.Supp.2d 1048, 1055 (C.D.Cal. 2005); see also Irons v. Carey, 505 F.3d 846 , 851 n. 3 (9th Cir.2007) (A “ ‘determination of an individual inmate’s suitability for parole under section 304-1, subdivision (b) must precede any effort to set a parole release date under the uniform-term principl…

See In re Dannenberg, 34 Cal.4th 1061, 1078 , 23 Cal.Rptr.3d 417 , 104 P.3d 783 (Cal.), cert. denied, 546 U.S. 844 , 126 S.Ct. 92 , 163 L.Ed.2d 109 (2005); Cal.Penal Code § § 190, 664.

Hayward , at 542 (citations omitted); see also In re Dannenberg, 34 Cal.4th 1061, 1078 , 23 Cal.Rptr.3d 417, 426 , 104 P.3d 783 (“[IJndeterminate sentencees may serve up to life in prison, but they become eligible for parole consideration after serving minimum terms of confinement.”), cert. denied, 546 U.S. 844 , 126 S.Ct. 92 , 163 L.Ed.2d 109 (2005).

See In re Dannenberg, 34 Cal.4th 1061, 1078 , 23 Cal.Rptr.3d 417 , 104 P.3d 783 (Cal.), cert. denied, — U.S. -, 126 S.Ct. 92 , 163 L.Ed.2d 109 (2005); Cal.Penal Code § 190.

See In re Dannenberg, 34 Cal.4th 1061, 1078 , 23 Cal.Rptr.3d 417 , 104 P.3d 783 (Cal.), cert. denied, 546 U.S. 844 , 126 S.Ct. 92 , 163 L.Ed.2d 109 (2005); Cal.Penal Code § 190.

See also In Re Dannenberg, 34 Cal.4th 1061, 1070 , 23 Cal.Rptr.3d 417 , 104 P.3d 783 , cert. denied by Dannenberg v. Brown, — U.S. -, 126 S.Ct. 92 , 163 L.Ed.2d 109 (2005) (upholding board’s denial of parole after numerous prior suitability hearings where “Dannenberg’s crime indicated a continuing public danger, thus making him presently unsuitable for parole, because the murder was ‘especially callous and cruel’ and was committed for a trivial reason.”) The California Supre…

Petitioner was sentenced to the indeterminate term of 15 years to life imprisonment, P.C. §§ 190, 1168(b); see also In re Monigold, 139 Cal.App.3d 485, 490 , 188 Cal.Rptr. 698 (1983) ("A sentence of 15 years to life is by its nature an indeterminate term.”), which "is in legal effect a sentence for the maximum term” of life imprisonment "subject only to the ameliorative power of the [parole authority] to set a lesser term.” In re Dannenberg, 34 Cal.4th 1061, 1097-98 , 23 Cal…

See 126 S.Ct. 92 . *418 BAXTER, J.