Legal Opinion

Cooley v. Bartlett

Court of Appeals for the Ninth Circuit

Decided December 8, 2006No. 05-35458Published

1Opinion of the Court

MEMORANDUM *

Scott Cooley appeals the district court’s denial of his petition for habeas corpus challenging the Oregon Board of Parole’s postponement of his parole date. Cooley claims that the Board of Parole incorrectly found that he had been diagnosed with a “present severe emotional disturbance” under Or.Rev.Stat. § 144.125(3) (1991), and that the board relied upon improper evidence in reaching that conclusion. We hold that there was some evidence to support the board’s decision and thus affirm.

*604We review the district court’s ruling de novo and ask whether the Oregon circuit court’s decision…

2Cases cited7 opinions

  1. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
  2. Carl D. McQuillion v. William Duncan, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
  3. Weidner v. ArmenakisCourt of Appeals of Oregon · 1998
  4. Merrill v. JohnsonCourt of Appeals of Oregon · 1998
  5. Gilbert C. Brown v. Joan Palmateer, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 2004

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