The Supreme Court today recommended that Governor Gavin Newsom issue a posthumous pardon to Richard Penry, a Vietnam War Medal of Honor winner who died in 1994 at age 45. After the war, Penry was twice convicted of transporting or sale of a controlled substance. More about Penry here.
Newsom requested the recommendation, which is constitutionally required before a governor can grant clemency to anyone who has been “twice convicted of a felony.”
The court has said it reviews clemency recommendation requests under a deferential standard. (See here and here.) And Newsom has a nearly perfect record — he withdrew one request before a ruling, but the court has now approved all 71 of his other requests. That’s better than former Governor Jerry Brown, who had the court without explanation block 10 intended clemency grants. The denial of a request implies that a clemency grant would be an abuse of power.
[April 17 update: Bob Egelko in the San Francisco Chronicle, “State Supreme Court OKs pardon for Petaluma war hero convicted on drug charges.”]
