Shawn Parker v. Donald Kelchner, Superintendent Attorney General of Pennsylvania

VAN ANTWERPEN, Circuit Judge.

Before us is an appeal from an order of the District Court granting habeas corpus relief to Appellee Shawn Parker, a prisoner in the custody of the Commonwealth of Pennsylvania. 1 Without first raising the claim in state court, Parker argued to the District Court in his habeas petition that the Pennsylvania Board of Probation and Parole (the “Board”) had, in denying him parole in 2003, applied the 1996 version of the Pennsylvania Parole Act (the “Parole Act”) to his case for acts he committed before the enactment of that version of the Parole Act. Parker argued…