Monday, June 06, 2011

Styre v. Adams, 09-15782 (6-6-11)(Wallace with Kozinski and Silverman).

The Supremes in Swarthout v. Cooke, 131 S. Ct. 859 (2011) took the federal courts out of assessing whether a state's properly applied its due process procedures to parole decisions. In the words of the Court, it "is no part of the Ninth Circuit's business." The decision makes clear that the federal courts only assure that there are procedures. This decision applied to parole board decisions and in this case, now applies to the Governor's decision reversing the parole board as to the suitability for parole.


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