Supreme Court: U.S. judges can't overturn parole board rulings

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A federal appeals court exceeded its power when it reversed a decision by the California parole board and ordered the release of a man convicted of a 1991 attempted murder in Berkeley, the U.S. Supreme Court ruled Monday.

Federal judges have no power to overturn state parole decisions, the court said in a unanimous ruling that could affect hundreds of cases in federal courts in California.

State courts in California can order freedom for a convicted murderer or other life-term prisoner who is denied release by the parole board or governor if the judges find no evidence the prisoner is still dangerous.

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One case involved Damon Cooke, a financial consultant who was living in Los Angeles in 1991 when his friend Padraic Ryan paid him a visit from Berkeley. According to the appeals court, Cooke later discovered that a necklace and $10,000 in cash were missing.

He traveled to Berkeley and confronted Ryan, who denied stealing anything. Cooke then shot Ryan, who was wounded in the head but survived. Cooke was convicted of attempted first-degree murder and sentenced to 11 years to life in prison.

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The second case involved Elijah Clay, convicted of a 1976 murder in Los Angeles County and sentenced to seven years to life. The parole board found him suitable for release in 2003 but then-Gov. Gray Davis vetoed the decision, saying Clay had committed a serious crime and had not taken part in enough self-help programs to understand his criminal behavior.

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The Supreme Court case is Swarthout vs. Cooke, 10-333.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/01/24/BAOC1HDKJS.DTL