United States Ninth Circuit

The district court properly dismissed defendant's habeas corpus petition challenging a decision by the Governor of California that defendant was not suitable for parole, contrary to the finding of the Board of Parole Hearings, where: 1) California's constitutional amendment giving the Governor the authority to review parole board decisions for prisoners convicted of murder has been upheld against an Ex Post Facto challenge; and 2) the state court's decision was not an unreasonable application of clearly established federal law.

Appellate Information

• Decided 05/29/2013
• Published 05/29/2013

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel