Swarthout v. Cooke

I

California’s parole statute provides that the Board of Prison Terms “shall set a release date unless it determines *217that . . . consideration of the public safety requires a more lengthy period of incarceration.” Cal. Penal Code Ann. § 3041(b) (West Supp. 2010). If the board denies parole, the prisoner can seek judicial review in a state habeas petition. The California Supreme Court has explained that “the standard of review properly is characterized as whether 'some evidence’ supports the conclusion that the inmate is unsuitable for parole because he or she currently is dangerous.” In re…