Fowler
Fowler v. Attorney General of California
Opinion
Lead Opinion
MEMORANDUM **
The State of California, on behalf of Warden William Sullivan, appeals from the district court’s order granting Chris Fowler’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 . We re *435 view de novo a district court’s decision to grant a 28 U.S.C. § 2254 petition, see Yee v. Duncan, 463 F.3d 893, 897 (9th Cir. 2006) , and we reverse.
The district court erred when it granted the petition and issued the writ on the basis that the California Board of Prison Terms’ February 10, 2000, denial of parole violated Fowler’s due process rights. See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127-29 (9th Cir.2006). In determining the issue before us, we follow our prior decisions, which have held that due process requires that there be some evidence to support the decision to deny parole. See Sass, 461 F.3d at 1128-29 ; Irons v. Carey, 505 F.3d 846, 850-51 (9th Cir. 2007) . 1 Here, there was some evidence, the 1994 psychological report showing Fowler’s continued potential for violence and the failure of subsequent psychological reports fully to evaluate the findings of the 1994 report.