Irons v. Carey, 05-15275
A grant of habeas relief in a second degree murder case based on a finding that there was insufficient evidence to support parole board's finding of ineligibility for parole is reversed where, given the particular circumstances of the offense, due process was not violated when the prisoners was deemed unsuitable for parole prior to the expiration of his minimum terms.
- Argued 05/11/2005
- Submitted 03/06/2007
- Decided 03/06/2007
- Published 03/06/2007
Before: STEPHEN REINHARDT, JOHN T. NOONAN, and FERDINAND F. FERNANDEZ, Circuit Judges.
United States Ninth Circuit
Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Stephen P. Acquisto, Supervising Deputy Attorney General, & Pamela B. Hooley, Deputy Attorney General, for the respondent-appellant., Quin Denvir, Federal Defender, & Ann C. McClintock, Assistant Federal Defender, for the petitioner-appellee.