Posting this a little later than I planned, but still before the one habeas case to be heard this week.
Wednesday, November 9
Robles v. Dennison, 10-4480-pr
- Status: To be argued 11/9/11
- Panel: Pooler, Parker, Lohier
- Lower ct. Info: 05-CV-428, 2010 WL 4026814 (WDNY Oct. 13, 2010) (VEB)
- In Circuit: Dist. Ct. COA
- Issues: (1) whether Corr Law s. 213 applies to petitioner's case; (2) did 213 create a liberty interest in parole; (3) whether inmates have a due process right not to be denied parole for arbitrary or impermissible reasons, and to be protected from flagrant and unauthorized action by the Parole Board; and if so, (4) was petitioner denied parole for arbitrary or impermissible reasons; and (5) is the available process in New York for reviewing parole denials ineffective to protect the rights of the habeas applicant and therefore futile for purposes of exhaustion