BUCKLEY v. TERHUNE

No. 03-55045.

441 F.3d 688 (2006)

Brian A. BUCKLEY, Petitioner-Appellee, v. C.A. TERHUNE, Director of the California Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2006.


Attorney(s) appearing for the Case

Allen Bloom, San Diego, CA, for the petitioner-appellee.

Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Senior Assistant Attorney General; Kenneth C. Byrne, Supervising Deputy Attorney General; Noah P. Hill, Deputy Attorney General; Los Angeles, CA, for the respondent-appellant.

Before: MARY M. SCHROEDER, Chief Judge, STEPHEN REINHARDT, ALEX KOZINSKI, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RAYMOND C. FISHER, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD C. TALLMAN, JAY S. BYBEE, and CONSUELO M. CALLAHAN, Circuit Judges.


REINHARDT, Circuit Judge.

The law regarding plea agreements entered into in state court is well-established. They must be construed in accordance with state law. In California, plea agreements are construed in the same manner as all other contracts. In this case, however, the California courts failed to do so and, as a result, Brian Buckley might have remained in prison for life instead of for the fifteen years for which he bargained. We are required to ensure that...

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