Opinion

Murphy v. Laney

Court
District Court, D. Oregon
Filed
Nov 18, 2019
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ROBERT DOYLE MURPHY,

Case No. 6:18-CV-01697-JE

Petitioner,

FINDINGS AND RECOMMENDATION

v.

GARRETT LANEY,

Respondent.

Robert Doyle Murphy

4167482

Oregon State Correctional Institution

3405 Deer Park Drive SE

Salem, Oregon 97310-9385

Petitioner, Pro Se

Ellen F. Rosenblum, Attorney General

James M. Aaron, Assistant Attorney General

Department of Justice

1162 Court Street NE

Salem, Oregon 97310

Attorneys for Respondent

JELDERKS, Magistrate Judge.

Petitioner brings this habeas corpus case pursuant to 28

U.S.C. § 2254 challenging the Oregon Board of Parole and Post-

Prison Supervision’s (“Board’s”) 2016 decision deferring his

release for 24 months. For the reasons that follow, the Petition

for Writ of Habeas Corpus (#1) should be denied.

BACKGROUND

In 1976, Petitioner was convicted of Murder and sentenced

to life in prison with the possibility of parole. In 2007, the

Board released him to parole which it revoked the following year,

finding that he could not be adequately controlled in the

community. Respondent’s Exhibit 103, p. 291.

The Board released Petitioner to parole again in 2012, but a

November 10, 2015 arrest prompted the Board to once again revoke

his parole. The Board held a future disposition hearing on March

15, 2016 where it concluded that Petitioner could not be

adequately controlled in the community. It therefore denied him

re-release to parole and set a new parole release date of

November 9, 2017. Respondent’s Exhibit 103, pp. 291-92.

Petitioner administratively appealed the Board’s actions,

but the Board adhered to its decision. Petitioner next sought

judicial review, but the Oregon Court of Appeals affirmed the

Board’s decision without issuing a written opinion, and the

Oregon Supreme Court denied review. Murphy v. Board of Parole

and Post-Prison Supervision, 291 Or. App. 250, 416 P.3d 1106,

rev. denied, 363 Or. 390, 434 P.3d 33 (2018).

Petitioner filed this 28 U.S.C. § 2254 habeas corpus case on

September 21, 2018 and argues three due process claims:

1. The Board’s decision not to continue his

release was arbitrary and capricious insofar

as the Board based its decision on the wrong

rules and stale psychological evaluations,

and did not connect its facts with its

conclusions;

2. The Board improperly deferred his

release for 24 months when it relied upon

evidence that lacked indicia of reliability

and denied him the opportunity to be heard;

and

3. The Board did not base its decision to

defer his release to parole on “some

evidence.”

Respondent asks the Court to deny relief on the Petition

because the underlying decision denying relief is neither

contrary to, nor an unreasonable application of, clearly

established federal law.

DISCUSSION

I. Standard of Review

An application for a writ of habeas corpus shall not be

granted unless adjudication of the claim in state court resulted

in a decision that was: (1) "contrary to, or involved an

unreasonable application of, clearly established Federal law, as

determined by the Supreme Court of the United States;" or

(2) "based on an unreasonable determination of the facts in light

of the evidence presented in the State court proceeding." 28

U.S.C. § 2254(d). A state court decision is "contrary to . . .

clearly established precedent if the state court applies a rule

that contradicts the governing law set forth in [the Supreme

Court's] cases" or "if the state court confronts a set of facts

that are materially indistinguishable from a decision of [the

Supreme] Court and nevertheless arrives at a result different

from [that] precedent." Williams v. Taylor, 529 U.S. 362, 405-06

(2000).

Under the "unreasonable application" clause of § 2254(d)(1),

a federal habeas court may grant relief "if the state court

identifies the correct governing legal principle from [the

Supreme Court's] decisions but unreasonably applies that

principle to the facts of the prisoner's case." Id at 413. The

"unreasonable application" clause requires the state court

decision to be more than incorrect or erroneous. Id at 410.

Twenty-eight U.S.C. § 2254(d) "preserves authority to issue the

writ in cases where there is no possibility fairminded jurists

could disagree that the state court's decision conflicts with

[the Supreme] Court's precedents. It goes no farther."

Harrington v. Richter, 562 U.S. 86, 102 (2011).

Twenty-eight U.S.C. § 2254(d)(2) allows a petitioner to

“challenge the substance of the state court’s findings and

attempt to show that those findings were not supported by

substantial evidence in the state court record.” Hibbler v.

Benedetti, 693 F.3d 1140, 1146 (9th Cir. 2012). A federal habeas

court cannot overturn a state court decision on factual grounds

“unless objectively unreasonable in light of the evidence

presented in the state-court proceeding.” Miller-El v. Cockrell,

537 U.S. 322, 340 (2003). This is a “‘daunting standard—one that

will be satisfied in relatively few cases,’ especially because we

must be ‘particularly deferential to our state-court

colleagues.’” Hernandez v. Holland, 750 F.3d 843, 857 (9th Cir.

2014) (quoting Taylor v. Maddox, 366 F.3d 992, 1000 (9th Cir.

2004)).

When a state court reaches a decision on the merits but

provides no reasoning to support its conclusion, the federal

habeas court must conduct an independent review of the record to

determine whether the state court clearly erred in its

application of Supreme Court law. Delgado v. Lewis, 223 F.3d 976,

982 (9th Cir. 2000). In such an instance, although the federal

court independently reviews the record, it still lends deference

to the state court's ultimate decision and will only grant habeas

relief if the state court’s decision was objectively

unreasonable. Harrington v. Richter, 562 U.S. 86, 98 (2011);

Pirtle v. Morgan, 313 F.3d 1160, 1167 (9th Cir. 2002).

II. Analysis

Petitioner argues that the Board’s decision to revoke his

parole and defer his release violates the due process principles

espoused in Superintendent v. Hill, 472 U.S. 445 (1985) and Wolff

v. McDonnell, 418 U.S. 539 (1974). While these cases outline

procedural and substantive due process protections, such

protections in the context of of state parole decisions are quite

limited. “There is no right under the Federal Constitution to be

conditionally released before the expiration of a valid sentence,

and the States are under no duty to offer parole to their

prisoners.” Swarthout v. Cooke, 562 U.S. 216, 220 (2011)

(internal citation omitted). When a state creates a liberty

interest in parole as Oregon has, Miller v. Oregon Board of

Parole and Post-Prison Supervision, 642 F.3d 711, 715-16 (9th

Cir. 2011), the only federal constitutional requirements are that

the inmate be given an opportunity to be heard and provided with

a statement of reasons as to why his parole was denied.

Greenholtz v. Inmates of Neb. Penal and Correctional Complex, 442

U.S. 1, 16 (1979). These minimal procedural protections

constitute "the beginning and the end of the federal habeas

courts' inquiry. . . ." Swarthout v. Cooke, 562 U.S. at 220.

In this case, the Board provided Petitioner with notice of

his hearing, an explanation of his rights, and allowed him the

opportunity to provide a written statement as well as to testify

orally at the hearing. Respondent’s Exhibit 103, pp. 7-13, 181-

86. The Board also advised Petitioner as to the reasons

underlying the deferral of his parole orally and in writing. Id

at 234-36, 238-41. In response to Petitioner’s administrative

appeal, the Board provided additional explanation for its

decision. Id at 282-92. In this respect, the Board complied with

the due process requirements as set out by Cooke.

Petitioner argues that his due process protections should be

greater than those identified in Cooke, however, and that

Respondent’s reliance on Cooke and Greenholtz is misplaced. He

notes that Cooke involved California parole statutes and rules,

and that Greenholtz involved the Nebraska parole system. He

contends that Oregon’s parole system is distinct from the systems

administered by California and Nebraska and urges this Court not

to apply Cooke but, instead, to apply Stogsdill v. Board of

Parole and Post-Prison Supervision, 342 Or. 332 (2007), a

decision that predated Cooke by four years.

As discussed in the Standard of Review section above,

federal habeas corpus relief may only be granted if a state

court’s decision runs afoul of a holding by the U.S. Supreme

Court, and does so in a way that is so unreasonable that no

fairminded jurist could agree with the state court. 28 U.S.C. §

2254(d); Richter, 562 U.S. at 102. In this respect, Cooke, not

Stogsdill, controls the inquiry in this case. As discussed above,

the Board complied with the due process requirements identified

by Cooke by providing Petitioner with an opportunity to be heard

and a statement of reasons as to why it decided to defer his

parole. Accordingly, upon an independent review of the record,

the Oregon Court of Appeals’ decision was not unreasonable and

habeas corpus relief is not warranted.

RECOMMENDATION

For the reasons identified above, the Petition for Writ of

Habeas Corpus (#1) should be denied and a judgment should be

entered dismissing this case with prejudice. The Court should

decline to issue a Certificate of Appealability on the basis that

petitioner has not made a substantial showing of the denial of a

constitutional right pursuant to 28 U.S.C. § 2253(c)(2).

SCHEDULING ORDER

This Findings and Recommendation will be referred to a

district judge. Objections, if any, are due within 17 days. If

no objections are filed, then the Findings and Recommendation

will go under advisement on that date.

If objections are filed, then a response is due within 14

days after being served with a copy of the objections. When the

response is due or filed, whichever date is earlier, the Findings

and Recommendation will go under advisement.

DATED this day of November, 2019.

18th

s/ John Jelderks

John Jelderks

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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