Roberts v. Duffy

In Roberts v. Duffy (1914) 167 Cal. 629, the court condemned a blanket parole policy that was contrary to the statutory parole scheme then in place. It appeared that the statutory law allowed a prisoner to apply for parole after serving one year but that, contrary to the statute, the parole authority adopted a rule precluding application until one-half the sentence was served, except in extraordinary circumstances. The court held that, while the prisoner had no right to release on parole at any time, he was entitled to apply and have his application duly considered on an individualized basis. ( Id. at pp. 640-641.)