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No Remedy for Wrongful Clemency

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I have previously noted on this blog the infamous clemency granted by former California Governor Schwarzenegger to the son of a political buddy, as well as my assessment that attempts to fix this judicially were hopeless.  (See posts here and here.)  Today we got the expected result from the California Court of Appeal, Third District, in an unpublished decision (C072785):

We are compelled to conclude that, while Schwarzenegger's conduct could be seen as deserving of censure and grossly unjust, it was not illegal. Marsy's Law, despite its obviously expansive protection of victims' rights does not restrict the executive's clemency powers under California Constitution, article V, section 8, subdivision (a) or the clemency statutes, and we must affirm the judgment. Our holding is limited to subdivision (a) executive clemency and does not apply to the Governor's power under subdivision (b) of the same constitutional provision to reverse or modify a parole decision of the Board of Parole Hearings "on the basis of the same factors" the board is required to consider.

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