The court of appeals reversed an order of the district court. The court held that the federal due process protections to which a California state prisoner who was denied parole was entitled did not include a showing by the state of “some evidence” of his future dangerousness if he was paroled.
Kenneth Pearson was convicted of second-degree murder in California state court and sentenced to prison for an indeterminate life term. Pearson became eligible for parole after he had served a specified minimum term. The Board of Prison Terms eventually found Pearson suitable for parole. However, the governor reversed the board’s decision.
