Myers

Myers v. Miller-Stout

Good Law
117 F. App'x 542
United States Court of Appeals for the Ninth CircuitDecember 8, 2004No. 03-35648California710 words

Opinion

Lead Opinion

MEMORANDUM **

Robert W. Myers appeals the judgment of the district court denying his petition for a writ of habeas corpus. We affirm. Because the parties are familiar with the history of this case, we will not recount it here.

Myers argues that the Sentencing Review Board of the State of Washington (“Board”) violated his constitutional rights when a portion of his parole revocation proceedings was conducted in his absence. The proceeding in question was an informal, pre-hearing conference led by a facilitator at which procedural issues, such as discovery and scheduling, were discussed. Because Myers’ federal habeas petition was filed after the effective date of the Antiterrorism and Effective Death Penalty Act applies, its provisions apply to this case. Lindh v. Murphy, 521 U.S. 320, 326 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Thus, the district court could grant the petition only if the state court’s decision was “contrary to, or involving an unreasonable application of, clearly established Federal law as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1).

Although defendants are entitled to the protection of procedural due process at a parole…

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