California Department of Corrections v. Morales

Justice Stevens, with whom Justice Souter joins,

dissenting.

In 1980, respondent was charged with the murder of his wife. Despite respondent’s previous conviction for first-degree murder, and despite the serious character of the 1980 offense, California accepted his plea of nolo contendere to the offense of second-degree murder. The trial judge imposed a sentence of imprisonment for 15 years to life, under which respondent became eligible for parole in 1990.

The law in effect at the time of respondent’s offense entitled him to a hearing before the Board of Prison Terms (Board) in 1989 and in…