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SWARTHOUT v. COOKE

No. 10-333.

131 S.Ct. 859 (2011)

562 U.S. 216

Gary SWARTHOUT, Warden, v. Damon COOKE. Matthew Cate, Secretary, California Department of Corrections and Rehabilitation v. Elijah Clay.

Supreme Court of United States.

Decided January 24, 2011.

PER CURIAM.

I

California's parole statute provides that the Board of Prison Terms "shall set a release date unless it determines that... consideration of the public safety requires a more lengthy period of incarceration." Cal.Penal Code Ann. § 3041(b) (West Supp.2010). If the Board denies parole, the prisoner can seek judicial review in a state habeas petition. The California Supreme Court has explained that...

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