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HAGGARD v. CURRY

No. 10-16819.

623 F.3d 1035 (2010)

Lewis HAGGARD, Petitioner-Appellee, v. Ben CURRY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

October 12, 2010.

Attorney(s) appearing for the Case

Steven G. Warner , Deputy Attorney General, Office of the California Attorney General, San Francisco, CA, for the appellant.

Steve M. Defilippis , Picone & Defilippis, San Jose, CA, for the appellee.

Before: RICHARD R. CLIFTON, JAY S. BYBEE and SANDRA S. IKUTA, Circuit Judges.

ORDER

In this case, the California Board of Parole Hearings ("Board") denied state prisoner Lewis Haggard's request for release on parole, and the state court upheld the parole denial. In his federal habeas petition, Haggard argued that the Board's decision was erroneous because the record lacked evidence of his current dangerousness. The district court agreed, and ordered the state to release Haggard while the state's appeal of the district court's decision was...

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