Skip to content
Name: Biggs v. Terhune
Case #: 02-15881
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/30/2003
Subsequent History: None

Because the Board of Prison Terms’ (BPT) decision denying parole was supported by some evidence, it was affirmed. The record showed that many of the conclusions reached and factors relied on by the BPT were devoid of an evidentiary basis, such as the conclusion that Biggs had an escalating pattern of criminal conduct and was not remorseful. However, the BPT was entitled to consider the gravity of the offense, and here the murder showed a callous disregard for life, which was sufficient by itself to justify the denial of parole. However, over time, if Biggs continues to demonstrate exemplary behavior, it could become a denial of due process to continue to deny him parole simply because of the nature of the offense.