Thompson

Murphy v. Thompson

Good Law
15 F. App'x 417
United States Court of Appeals for the Ninth CircuitJune 4, 2001No. 00-35056; D.C. No. CV-97-01505-DJHCalifornia706 words

Opinion

Lead Opinion

MEMORANDUM *

Robert Doyle Murphy appeals the district court’s denial of his habeas petition. Murphy’s petition stems from a 1993 decision of the Oregon Board of Parole and Post-Prison Supervision (“Board”) rescinding his parole release date. As the parties are familiar with the factual and procedural history of this case, we do not recount them here.

I

Murphy argues that the Board’s conduct violated due process. In a due process analysis, we consider, with sensitivity to context, the private interest and government interest affected and the efficacy of existing procedures and their alternatives. See Matthews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976). In making parole decisions, the government must balance the prisoner’s liberty interest with the government’s interest in protecting the public. In this case, the Board moved to rescind Murphy’s parole release date because of new information that it received shortly before Murphy was to be released. The Board granted Murphy a hearing shortly after his parole release date. An inmate legal assistant represented Murphy at this hearing. The Board discussed its decision and offered Murphy an opportunity to…

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