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178 L. Ed. 2d 732

Swarthout v. Cooke

Supreme Court of the United States

Decided January 24, 2011

Supreme Court of the United States · decided 2011-01-24

Cited by 314 later decisions (4 by the Supreme Court) — most recently December 2023 · most notably 135 S. Ct. 2128 - Kerry v. Din (2015), Olson v. JT6HF10u6X0079461 (2018)

51 federal appellate · 19 district · 38 state decisions — followed in 10 states

Relies on Greenholtz v. Inmates of Nebraska Penal and Correctional Complex · Superintendent Massachusetts Correctional Institution Walpole v. Hill · 29 Cal. 4th 616 - In Re Rosenkrantz

Good law ✅— No negative treatment on recordhow we know

Decided 2011-01-24

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¶1SEPARATE OPINION

Justice Ginsburg,

¶2concurring.

¶3In Superintendent, Mass. Correctional Institution at Walpole v. Hill, 472 U.S. 445, 455, 105 S. Ct. 2768, 86 L. Ed. 2d 356 (1985), this Court held that, to comply with due process, revocation of a prisoner’s good time credits must be supported by “some evidence.” If California law entitled prisoners to parole upon satisfaction of specified criteria, then Hillwould be closely in point. See In re Rosenkrantz, 29 Cal. 4th 616, 657-658, 59 P.3d 174, 205 (2002). The Ninth Circuit, however, has determined that for California’s parole system, as for Nebraska’s, Greenholtz v. Inmates of Neb. Penal and Correctional Complex, 442 U.S. 1, 99 S. Ct. 2100, 60 L. Ed. 2d 668 (1979), is the controlling precedent. Hayward v. Marshall, 603 F.3d 546, 559-561 (2010) (en banc). Given that determination, I agree that today’s summary disposition is in order.

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