Wion v. Quarterman

JERRY E. SMITH, Circuit Judge:

I

Barry Wion is a Texas prisoner. At his first parole hearing, on August 26, 2004, the Texas Board of Pardons and Paroles (“the Board”) denied parole under a new procedure created by Senate Bill 45, codified as Tex. Gov’t Code § 508.046 (Vernon 2004), after the time of his conviction.

Wion contends that applying the new procedure violates the Ex Post Facto Clause of the United States Constitution, Article I, section 10. He filed a request for special review of his parole denial — a type of administrative appeal — in May 2005. The review was denied on October 11,…