Cooke

In 1991, Damon Cooke was convicted of attempted first degree murder. He was sentenced to seven years to life in prison with the possibility of parole, plus a four-year enhancement for using a firearm. In November 2002, the California Board of Prison Terms held a hearing to determine whether Cooke was suitable for parole. At the conclusion of the hearing, the Board denied him parole, relying primarily on the circumstances of the commitment offense.

Cooke sought a writ of habeas corpus in state court, asserting that the Board’s decision violated his right to due process. Finding that the Board’s decision was supported by “some evidence” of unsuitability, the state courts denied the petition. Cooke then sought a writ of habeas corpus in federal court. The district court denied the petition, and Cooke timely filed a notice of appeal on October 14, 2005.

We now conclude that, under the standard announced in Hayward v. Marshall, 603 F.3d 546 (9th Cir.2010) (en banc), Cooke is entitled to federal habeas relief. Accordingly, we reverse the decision of the district court and remand with instructions to grant the writ.

I.

A.

On February 12, 1991, Cooke’s friend Padriac Ryan came to…