Gilbert C. Brown v. Joan Palmateer, Superintendent, Oregon State Penitentiary

Opinion by Judge GOODWIN; Dissent by Judge TALLMAN.

GOODWIN, Circuit Judge:

Petitioner Gilbert C. Brown alleges that his constitutional rights were violated when a statute, enacted after the commission of his crimes, was applied by the Oregon State Board of Parole and Post-Prison Supervision (“Board”) to postpone his parole release date. He contends that this violation of the Ex Post Facto Clause constitutes a constitutional injury that compels reversal of the district court’s denial of his petition for habeas corpus. We agree.

BACKGROUND

I. Oregon’s Statutory Scheme for Postponing Parole Release

B…