Gary Swarthout v. Damon Cooke Matthew Cate

Summary

A per curiam Supreme Court reversed the Ninth Circuit's grants of federal habeas relief to two California prisoners, Damon Cooke and Elijah Clay, whose parole denials were attacked on the ground that state courts misapplied California's 'some evidence' review standard. The Court held that 28 U.S.C. § 2254(a) permits the writ only for custody in violation of the Constitution or federal law, so error of state law will not do, and that the Due Process Clause requires only the minimal parole procedures of Greenholtz—an opportunity to be heard and a statement of reasons—which both prisoners received; whether California's 'some evidence' rule was correctly applied is exclusively a matter for California courts. Justice Ginsburg concurred, agreeing the summary disposition was in order given the Ninth Circuit's determination that Greenholtz controls, while observing that Hill's 'some evidence' requirement would be closely in point if California law entitled prisoners to parole upon satisfaction of specified criteria.