In Re Jackson

Opinion

BIRD, C. J.

Does the 1982 amendment to Penal Code section 3041.5, 1 which empowers the Board of Prison Terms to schedule parole suitability hearings biennially instead of annually, violate the ex post facto clauses of the state and federal Constitutions when applied to an inmate who committed his or her offense before its effective date?

I

Respondent, Lawrence Jackson, was convicted of first degree murder for a killing which occurred in September of 1961. He was sentenced to death. Following two penalty retrials, each resulting in a death sentence, respondent’s sentence was ultimately…