639 F.3d 1185
9th Cir.2011Background
- Pearson pled guilty to second-degree murder for the 1985 shooting, receiving 15 years to life.
- Board parole hearings repeatedly found Pearson unsuitable until 2002 when parole was granted, then Governor Davis reversed.
- The 2003 Board again found Pearson suitable for parole, and the Board set a tentative release date with parole conditions.
- Governor Schwarzenegger reversed the 2003 Board decision in 2004 for three reasons (remorse, parole plans, and conduct in committing the offense).
- Pearson challenged the Governor’s decision in federal habeas under 28 U.S.C. § 2254; district court granted relief, but stayed relief pending appeal.
- Cooke v. Swarthout (per curiam) held that due process can be satisfied when a prisoner has opportunity to be heard, access to records, and notice of reasons for denial, thereby limiting federal review of the “some evidence” standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cooke forecloses federal review of the ‘some evidence’ standard. | Pearson argues Cooke does not affect whether a §2254 petition can succeed on lack of evidence. | Muntz contends Cooke dictates the inquiry ends with due process procedures, not evidence standard. | Yes; Cooke controls and ends the §2254 inquiry on ‘some evidence.’ |
Key Cases Cited
- Swarthout v. Cooke, 131 S. Ct. 859 (2011) (Due process requires only notice, a hearing, and access to records; no federal quantum of evidence review)
- Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (En banc decision addressing quantum of evidence for parole denial in California cases)
- Cooke v. Swarthout, 131 S. Ct. 859 (2011) (Same as Swarthout; central holding about due process procedures)
- In re Dannenberg, 34 Cal.4th 1061 (Cal. 2005) (California law on parole suitability and public safety considerations)
- In re Lawrence, 44 Cal.4th 1181 (Cal. 2008) (Regulatory framework guiding Board’s parole suitability vs. ultimate touchstone of current dangerousness)
- In re Shaputis, 44 Cal.4th 1241 (Cal. 2008) (Board and Governor’s review focus on current danger; due process substantive standard)