Kenneth Roberts v. James Hartley, No. 10-15760 (9th Cir. 2011)
Annotate this CaseRespondent appealed the district court's issuance of a writ of habeas corpus in favor of petitioner where the district court issued the writ after concluding that California misapplied its standard for determining petitioner's eligibility for parole. At issue was whether California violated petitioner's due process rights by its misapplication of the "some evidence" standard for parole determination in light of the Supreme Court's recent decision in Swarthout v. Cooke. The court held that California did not violate petitioner's due process rights when it denied his request for parole where petitioner's due process rights were sufficiently satisfied when petitioner was permitted to speak on his own behalf and to contest the evidence against him at his parole hearing.
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