Shawn Woodall v. Gene Beauchamp, Parole Agent
450 F. App'x 655
9th Cir.2011Background
- Woodall appeals district court denial of his 28 U.S.C. § 2254 petition challenging probation revocation and related sentencing.
- He argues a due process violation by the state court’s failure to provide preliminary and final probation revocation hearings.
- The district court dismissed sua sponte for lack of jurisdiction because Woodall was not “in custody” for purposes of the challenged conviction.
- Woodall was in custody on unrelated charges when the § 2254 petition was filed; he had credit for time served beyond the challenged sentence.
- Any parole related to unrelated, later-convicted offenses; the challenged revocation relates to a prior probation term in case SCD176528; the appeal is dismissed for lack of jurisdiction.
- The case concerns probation revocation and sentencing in related cases, and whether custody exists for § 2254 jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under §2254 due to custody requirement | Woodall states custody tied to challenged conviction | State asserts no custody for the challenged case | Lacks jurisdiction; not in custody for the challenged conviction |
| Due process claim regarding probation revocation hearings | Due process was violated by failure of hearings | No argument presented due process error reached merits | Not reached; dismissal for lack of jurisdiction before reaching merits |
| Harmless/error analysis applicability | Structural error, not subject to harmless review | Not necessary due to jurisdictional dismissal | Harmless analysis not reached; jurisdictional disposition governs |
Key Cases Cited
- Carafas v. LaVallee, 391 U.S. 234 (1968) (habeas jurisdiction requires custody at filing)
- Jones v. Cunningham, 371 U.S. 236 (1963) (custody continues on parole after conviction)