Woods

Woods v. Marshall

Good Law
183 F. App'x 620
United States Court of Appeals for the Ninth CircuitMay 31, 2006No. 05-16120California727 words

Opinion

Lead Opinion

MEMORANDUM **

Frederick Newhall Woods appeals the district court’s denial of his petition seeking habeas corpus relief from the California Board of Parole Hearings’ (“Board”) September 26, 2000 denial of parole. We have jurisdiction over both the certified and non-eertified issues Woods raises on appeal because the “target” of the two uncertified issues is not the State court judgment or the sentence derived therefrom, but is rather the Board’s administrative decision “regarding the execution of his sentence.” Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir.2005) (internal quotation marks omitted). We affirm.

Woods’s petition is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214. AEDPA’s deferential standard of review under 28 U.S.C. § 2254 (d) is inapplicable, however, because there was no reasoned state court decision. The Board of Parole Hearings Office of Policy and Appeals is an administrative body not entitled to deference under AED-PA. See Rosas, 428 F.3d at 1231-32 ; White v. Indiana Parole Bd., 266 F.3d 759, 763-64 (7th Cir.2001). We must review the last state court decision that adjudicated Woods’s claims…

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