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HAYWARD v. MARSHALL

No. 06-55392.

603 F.3d 546 (2010)

Ronald HAYWARD, Petitioner-Appellant, v. John MARSHALL, California Men's Colony East, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 22, 2010.

Attorney(s) appearing for the Case

Michael Satris (argued and briefed supplemental brief), Law Office of Michael Satris, Bolinas, CA, and Joseph V. Camarata (briefed opening brief), Vallejo, CA, for the appellant.

Jennifer A. Neill (argued and briefed supplemental brief), Supervising Deputy Attorney General, San Diego, CA, and Jane Catherine Malich (briefed), Deputy Attorney General, Los Angeles, CA, for the appellee.

Monica Knox, Assistant Federal Defender, Sacramento, CA, for amicus Federal Defenders for the Central and Eastern Districts of California.

Opinion by Judge KLEINFELD; Concurrence by Judge BERZON.

KLEINFELD, Circuit Judge:

We address three issues: 1) whether a certificate of appealability is needed to appeal a district court's order denying a writ of habeas corpus arising out of a state's denial of parole; 2) whether federal constitutional law imposes on the states a requirement for some quantum of evidence to support a state's denial of parole; and 3) whether, even if there is no general federal quantum of evidence requirement, applicants for parole in California...

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