Monday, January 24, 2011
Summary reversal in cases involving federal habeas relief based on alleged failure to apply state parole standard
The case is Swarthout v. Cooke. In part:
In granting habeas relief based on its conclusion that the state courts had misapplied California’s "some evidence" rule, the Ninth Circuit must have assumed either that federal habeas relief is available for an error of state law, or that correct application of the State’s "some evidence" standard is required by the federal Due ProcessClause. Neither assumption is correct.