Legal Opinion
Jerrold S. Flemming v. Oregon Board of Parole
Court of Appeals for the Ninth Circuit
Decided July 12, 1993No. 92-35151PublishedCited by 21 opinions
1Opinion of the Court
TANG, Circuit Judge: .
Jerrold S. Flemming, an Oregon state prisoner, appeals the denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. Flemming contends that the district court erred in concluding that the Oregon Board of Parole (“Board”) did not violate the Ex Post Facto Clause, U.S. Const. art. I, § 10, cl. 1, when it applied a regulation retroactively in calculating Flemming’s parole release date. We agree and therefore reverse.
I
In 1981, Flemming was convicted of multiple sex offenses under Oregon state law. At the time of his crimes, a state parole regulation provided…
2Cases cited15 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- Collins v. YoungbloodSupreme Court of the United States · 1990
- Dobbert v. FloridaSupreme Court of the United States · 1977
- Miller v. FloridaSupreme Court of the United States · 1987
- Lindsey v. WashingtonSupreme Court of the United States · 1937
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Robert Lewis Himes v. S. Frank ThompsonCourt of Appeals for the Ninth Circuit · 2003
- Blair-Bey v. QuickCourt of Appeals for the D.C. Circuit · 1998
- Ewell v. MurrayCourt of Appeals for the Fourth Circuit · 1993
- Cort v. CrabtreeCourt of Appeals for the Ninth Circuit · 1997
- United States v. Raymond Joseph JohnsCourt of Appeals for the Ninth Circuit · 1993
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