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· 1/3/2008

Hayward v. Marshall

Citations

  • 512 F.3d 536
  • 2008 U.S. App. LEXIS 40
  • 2008 WL 43716

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because “the Governor’s reversal of parole ... was not supported by any evidence that Hayward’s release would threaten public safety ... the Governor’s reversal of his parole thus violated his due process rights”
  • finding that prisoner’s many prior arrests which occurred thirty or more years ago do not support conclusion that prisoner is a danger to society
  • rejecting the Governor’s reliance on unchanging factors as “some evidence” that a prisoner is unsuitable for parole
  • Governor’s reversal of the board’s parole grant deprived petitioner of a constitutionally protected liberty interest
  • “The principle that state law gives rise to liberty interests that may be enforced as a matter of federal law is long-established.”
  • Governor’s reliance on the unchanging factor of prisoner’s motive for committing the crime violated prisoner’s due process rights

Source: CourtListener parenthetical corpus (CC0).

Judges: Alex, Daniel, Friedman, Gould, Kozinski, Ronald

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.