Ruvalcaba
Ruvalcaba v. Curry
Opinion
Opinion
Breyer, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
Petitioner, a state prisoner incarcerated at the Correctional Training Facility in Soledad, California, has filed a pro se Petition for a Writ of Habeas corpus under 28 U.S.C. § 2254 challenging the California Board of Parole Hearings’ (“BPH”) May 9, 2007 decision to deny him parole on the ground that the decision does not comport with due process. Doc. # 1. Per order filed on July 22, 2008, the Court found that the Petition, when liberally construed, appeared to state a cognizable claim under 28 U.S.C. § 2254 and ordered Respondent to show cause why a writ of habeas corpus should not be granted. Doc. # 5. Respondent has filed and Answer and Petitioner has filed a Traverse. Doc. ## 6 & 7.
BACKGROUND
A. The Commitment Offense
On May 5, 1990, Petitioner was convicted of attempted murder in Contra Costa County Superior Court and sentenced to an indeterminate term of seven-years-to-life in state prison. At his May 9, 2007 parole suitability hearing, BPH read the following summary of Petitioner’s commitment offense, as derived from the first two pages of a November 2005 counselor’s report.
Doc. # 6-1 at 52-54.