Thomas Lee Bean, and v. State of Nevada, And

Ninth Circuit

Thomas Lee Bean, and v. State of Nevada, And

535 F.2d 542, 1976 U.S. App. LEXIS 11282

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 18, 1976

Docket75-1612

StatusPublished

Cited by2 cases

This text of 535 F.2d 542 (Thomas Lee Bean, and v. State of Nevada, And) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Thomas Lee Bean, and v. State of Nevada, And, 535 F.2d 542, 1976 U.S. App. LEXIS 11282 (9th Cir. 1976).

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Opinion

ORDER OF AFFIRMANCE

Before CHAMBERS, DUNIWAY and WRIGHT, Circuit Judges.

Following the decision of the Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Nevada Board of Pardons commuted Bean’s death sentence to a life sentence without possibility of parole. We cannot accept Bean’s argument that a life sentence without possibility of parole is a greater punishment than a sentence of death, and we therefore reject his argument that in taking this action the Board was required to afford him the procedural rights described in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972).

Other issues raised by Bean in his petition for habeas corpus were thoroughly and correctly answered by the district court’s order denying the writ. Bean v. State of Nevada, 410 F.Supp. 963 (D.Nev.1975).

Affirmed.

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ORDER OF AFFIRMANCE

Before CHAMBERS, DUNIWAY and WRIGHT, Circuit Judges.

Following the decision of the Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Nevada Board of Pardons commuted Bean’s death sentence to a life sentence without possibility of parole. We cannot accept Bean’s argument that a life sentence without possibility of parole is a greater punishment than a sentence of death, and we therefore reject his argument that in taking this action the Board was required to afford him the procedural rights described in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972).

Other issues raised by Bean in his petition for habeas corpus were thoroughly and correctly answered by the district court’s order denying the writ. Bean v. State of Nevada, 410 F.Supp. 963 (D.Nev.1975).

Affirmed.

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535 F.2d 542, 1976 U.S. App. LEXIS 11282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-lee-bean-and-v-state-of-nevada-and-ca9-1976.

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