Swarthout v Cooke

U.S. Supreme Court Summarily Reverses Ninth Circuit's "Merits" Determination of California Supreme Court's Decision Regarding a Denial of Parole on the "Some Evidence" Standard

more+
less-

The Supreme Court summarily reversed the Ninth Circuit's "merits" determination that the California Supreme Court had "misapplied" its own, state-law, substantive "some evidence" standard to the denial of parole applicants. The Court confirmed that the Ninth Circuit's determination on the merits of the substantive question, i.e., that the California Supreme Court had erred in its determination that "some evidence" supported the parole board's decision was overstepping the Ninth Circuit's role in reviewing the state court's decision and conclusion that "some evidence" supported the notion that early release would pose a threat to public safety. This is a pretty clear decision by the Court that state substantive legal standards related to parole decisions are, in the Court's own words, "no part of the Ninth Circuit's business."

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

Law Offices of Carson J. Tucker, JD, MSEL on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×