Miller v. OR Parole Board, et al, No. 07-36086 (9th Cir. 2011)
Annotate this CasePetitioner appealed the denial of his habeas corpus petition where he was convicted of aggravated murder in 1982 and was sentenced to an indeterminate life sentence with a 30 year minimum term. At issue was whether defendant had a liberty interest in becoming parole-eligible before the expiration of the minimum term of his sentence. Also at issue was whether petitioner's due process rights were violated when the Parole Board lacked "some evidence" to support its finding that he could not be rehabilitated within a reasonable period of time. The court held that the language of Oregon's murder review statute created a presumption in favor of early eligibility for a parole hearing when certain designated findings were made and thereby gave rise to a constitutional liberty interest. The court held that petitioner's due process rights were not violated when he was afforded access to his records in advance of the hearings, he was given the opportunity to submit information to the Parole Board and to make a statement during the hearing, and was eventually provided with a written statement for the reasons why he was denied early eligibility for parole.
This opinion or order relates to an opinion or order originally issued on February 2, 2011.
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