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PIRTLE v. CALIFORNIA BD. OF PRISON TERMS

No. 07-16097.

611 F.3d 1015 (2010)

John H. PIRTLE, Petitioner-Appellee, v. CALIFORNIA BOARD OF PRISON TERMS; D.L. Runnels; Attorney General for the State of California, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated December 3, 2008.

Resubmitted May 28, 2010.

Filed July 12, 2010.

Attorney(s) appearing for the Case

Daniel J. Broderick, Federal Defender, Ann C. McClintock, Assistant Federal Defender, Sacramento, CA, for the petitioner-appellee.

Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jennifer A. Neill, Supervising Deputy Attorney General, Sacramento, CA, for the respondents-appellants.

Before STEPHEN REINHARDT, JOHN T. NOONAN, and RAYMOND C. FISHER, Circuit Judges.

REINHARDT, Circuit Judge:

California state prisoner John H. Pirtle was given a parole date in 1990, but in 1994, the California Board of Prison Terms rescinded his parole. After that, the Board denied Pirtle parole three other times prior to a denial in 2002.1 Pirtle filed a petition for a writ of habeas corpus, asserting that the Board's 2002 denial of parole violated his constitutional right to due process. The state courts denied his...

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