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Miller v. Or. Bd. of Parole, No. 07-36086

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By FindLaw Staff on January 20, 2011 3:18 PM

Habeas Petition in Aggravated Murder Case Denial Affirmed

In Miller v. Or. Bd. of Parole, No. 07-36086, an aggravated murder prosecution, the court affirmed the denial of petitioner's habeas petition seeking an early parole hearing where 1) the Oregon early parole statute created a liberty interest in early eligibility for parole; but 2) the Oregon Board of Parole did not violate petitioner's due process rights when it denied him that eligibility.

 

As the court wrote:  "We held in Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (en banc), that only state law can give rise to a liberty interest in parole that is entitled to the protections of the Due Process Clause of the Constitution. This habeas appeal presents the question whether an Oregon statute creates a liberty interest in early eligibility for parole. We hold that it does. We also hold that the Oregon Board of Parole ("Board") did not violate Appellant's due process rights when it denied him that eligibility."

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