In Re Michael B. Prather on Habeas Corpus; in Re Miguel Molina on Habeas Corpus — Moreno, J., Concurring

Summary

The concurrence clarifies that after a court reverses a parole denial, the Board may not deny parole solely on arguments or evidence that were presented, or reasonably could have been presented, at the prior hearing. The Board may consider genuinely new developments and evaluate them with the existing record, but its discretion on remand is limited by the prior judicial determination, res judicata, due process, and the requirement of definitive written reasons. The concurrence also states that expedited remand hearings may be proper and that more substantial relief could be warranted after repeated unjustified denials.