Paul Samuel Perveler v. Wayne Estelle, Warden Board of Prison Terms Ron E. Koenig

Paul Samuel Perveler, serving a life sentence in California state prison, appeals pro se the district court’s denial of his petition for a writ of habeas corpus. Perveler argues the California Board of Prison Terms’ decision to rescind his parole date violated due process. We affirm.

I

In 1969, Perveler was convicted of two counts of first degree murder and one count of attempted murder. The murder victims were Cheryl Perveler, his second wife, and Marlin Cromwell, the husband of his co-defendant, Christina Cromwell. The victim of the attempted murder was Perveler’s first wife, Lela Halverson.

In 1978 the state held a parole suitability hearing at which Perveler testified he was innocent of Cheryl’s murder, did not intend to kill Lela, only assault her, and his motive for the attack upon Lela was jealous rage partially induced by alcohol.- Christina Cromwell did not testify. The state set a parole date of June 6, 1986. This date was later advanced to August 6, 1985 because of Perveler’s positive record in prison.

In November 1983, the Board of Prison Terms [Board] held another parole suitability hearing, determined there was new information indicating parole should not be…