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April 25, 2011

Notable Ninth Circuit ruling on rights to parole and parole due process

The Ninth Circuit has an interesting decision today concerning parole processes in Miller v. Oregon Parole Board, No. 07-36086 (9th Cir. April 25, 2011) (available here).  Here is how the opinion starts:

We held in Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (en banc), abrogation on other grounds recognized in Pearson v. Muntz, ___ F.3d ___ (9th Cir. 2011), that only state law can give rise to a liberty interest in parole that is entitled to the protections of the Due Process Clause of the Constitution.  This habeas appeal presents the question whether an Oregon statute creates a liberty interest in early eligibility for parole.  We hold that it does.  We also hold, following Swarthout v. Cooke, 131 S.Ct. 859 (2011), that the Oregon Board of Parole and Post-Prison Supervision (“Board”) did not violate Appellant’s due process rights when it denied him that eligibility.

April 25, 2011 at 05:28 PM | Permalink


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