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Opinion by George, C. Concurring opinion by Werdegar, J. Concurring opinion by Moreno, J. Dissenting opinion by Chin, J. Rowan W. Friedman and Mark H. Epstein for Petitioner Robert Rosenkrantz.

James F. Wald, Stephan E. Klein and Kyra G. Mayer and Michael R. Daniel V. Robert S. In , petitioner Robert Rosenkrantz was convicted of second degree murder and was sentenced to an indeterminate term of imprisonment for 15 years to life, plus two years because of his use of a firearm in the commission of the offense. In June , after several hearings before the Board of Prison Terms the Board and rulings by the superior court and the Court of Appeal, the Board, in compliance with the mandate of an earlier judicial decision, found petitioner suitable for parole and set a parole date.

The Governor, however, found petitioner unsuitable for parole and reversed the Board's decision. In a petition for writ of habeas corpus, petitioner challenged on several grounds the Governor's decision denying parole. The superior court granted the petition after concluding that there was no evidence supporting the Governor's decision, and that the Governor's decision was based upon an impermissible general policy of automatically denying parole to prisoners convicted of murder.

The Court of Appeal affirmed the judgment rendered by the superior court, concluding that the law of the case doctrine supported the superior court's determination that there was no evidence to support the Governor's decision. Slip Opn. Page 2. We granted review primarily to consider whether a decision of the Governor finding a prisoner unsuitable for parole is subject to judicial review and, if so, under what standard.