Pirtle v. California Board of Prison Terms

REINHARDT, Circuit Judge:

California state prisoner John H. Pirtle was given a parole date in 1990, but in 1994, the California Board of Prison Terms rescinded his parole. After that, the Board denied Pirtle parole three other times prior to a denial in 2002. 1 Pirtle filed a petition for a writ of habeas corpus, asserting that the Board’s 2002 denial of parole violated his constitutional right to due process. The state courts denied his petition, but the district court granted the writ. The State appeals. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

I

In 1980, Pirtle…