McCullough v. Kane, No. 07-16049

Grant of Habeas Petition in Murder Matter Affirmed

In McCullough v. Kane, No. 07-16049, following petitioner's murder conviction, the court affirmed the grant of petitioner's habeas petition where where the Governor of California's reversal of petitioner's parole determination violated due process because it was not supported by "some evidence" of future dangerousness.

As the court wrote:  "In 1983, at the age of 21, Fred McCullough was convicted of murder and sentenced to 15 years to life in prison. While in prison, McCullough earned his GED, his associate's degree, and his bachelor's degree in social work. He participated in a juvenile offender deterrent program, helping to keep children out of trouble."

Related Resources

• Read the Ninth Circuit's Decision in McCullough v. Kane, No. 07-16049