United States Ninth Circuit

In habeas proceedings arising from circumstances in which petitioner was twice granted a parole date by the California Board of Prison Terms, and Governor Davis reversed the Board's determinations that petitioner was suitable for parole, denial of habeas relief is reversed where: 1) a state court unreasonably applied the some evidence standard when it concluded that the governor's reversal of the Board's parole grant was justified; 2) no evidence in the record supported a determination that petitioner's release would unreasonably endanger public safety; and thus 3) the reversal of the parole grant violated his due process rights.

Appellate Information

• Argued 06/08/2007
• Decided 01/03/2008
• Published 01/03/2008

Judges

• GOULD, Circuit Judge:, Before: ALEX KOZINSKI, Chief Judge, DANIEL M. FRIEDMAN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph V. Camarata, Vallejo, CA;  and Michael Satris, Esq., Bolinas, CA, for petitioner-appellant Ronald Hayward.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Mary Jo Graves, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jennifer A. Neill, Supervising Deputy Attorney General, Jane Catherine Malich, Deputy Attorney General, Los Angeles, CA, for respondent-appellee John Marshall.