Legal Opinion

Dennis Garbutt v. Thomas Carey

Court of Appeals for the Ninth Circuit

Decided December 21, 2011No. 08-17545Unpublished

1Opinion of the Court

MEMORANDUM **

California state prisoner William Blaine Mayfield appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Mayfield contends that the Governor’s 2002 decision to deny him parole was not supported by “some evidence” and therefore violated his due process rights. The only federal right at issue in the parole context is procedural, and the only proper inquiry is what process the inmate received, not whether the state court decided the case correctly. Swarthout v. Cooke, — U.S. -, 131 S.Ct.…

2Cases cited3 opinions

  1. Swarthout v. CookeSupreme Court of the United States · 2011
  2. Roberts v. HartleyCourt of Appeals for the Ninth Circuit · 2011
  3. Styre v. AdamsCourt of Appeals for the Ninth Circuit · 2011

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