California Supreme Court

In Re Johnny Lira on Habeas Corpus

February 3, 201458 Cal. 4th 573

Summary

The court held that a life prisoner who remained incarcerated while a gubernatorial reversal of a parole grant was litigated is not entitled to credit against the later parole term for that period of confinement, even when the reversal is later found unsupported by evidence. The confinement remained lawful, all custody time was credited to the life sentence, and the parole term began only upon actual release. The court also rejected substantive due process and fairness theories because no fundamental right exists to parole-term credit as a judicial remedy.