Legal Opinion

Gilman v. Brown

District Court, E.D. California

Decided February 27, 2014No. CIV. S-05-830 LKK/CKDPublishedCited by 2 opinions

1Opinion of the Court

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Plaintiffs in this certified class action are inmates in California state prisons who are serving terms of life imprisonment with the possibility of parole. Plaintiffs assert that Propositions 9 and 89 have retrospectively increased their punishments, in violation of the Ex Post Facto Clause of the U.S. Constitution.

Proposition 9 amended California law to, among other things, increase the time between parole hearings. 2008 Cal. Legis. Serv. Prop. 9 (West), amending in pertinent part, Cal.Penal Code § 3041.5(b)(3) (extending deferral periods) and…

2Cases cited23 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Hollingsworth v. PerrySupreme Court of the United States · 2013
  3. Peugh v. United StatesSupreme Court of the United States · 2013
  4. Mallett v. North CarolinaSupreme Court of the United States · 1901
  5. In Re JacksonCalifornia Supreme Court · 1985

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3Cited by2 opinions

  1. Nguon v. MaddenDistrict Court, S.D. California · 2023
  2. Nguon v. MaddenDistrict Court, S.D. California · 2023

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