Kenneth Pearson v. Madelene Muntz, No. 08-55728 (9th Cir. 2011)
Annotate this CaseRespondent, the Acting Warden of Chuckawalla Valley State Prison ("State"), appealed the grant of petitioner's habeas corpus petition under 28 U.S.C. 2254. At issue was whether the protections under the Fourteenth Amendment's Due Process Clause, which a California inmate was entitled prior to a denial of parole, included a showing of some evidence of future dangerousness to public safety. The court reversed the grant of habeas relief and held that the due process clause was satisfied where petitioner was given an opportunity to speak at his parole hearing and to contest the evidence against him, was afforded access to his records in advance, and was notified as to the reasons why parole was denied.
This opinion or order relates to an opinion or order originally issued on October 26, 2010.
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