Legal Opinion

Robert Patrick Powell v. Kenneth Ducharme, Superintendent, Washington State Reformatory

Court of Appeals for the Ninth Circuit

Decided July 9, 1993No. 92-35427PublishedCited by 19 opinions

1Opinion of the Court

HUG, Circuit Judge:

This case involves the issue of whether the State of Washington’s retroactive application of a law authorizing the Indeterminate Sentence Review Board to set minimum.terms of incarceration for inmates serving mandatory life sentences is a violation of the Ex Post Facto Clause, of the United States Constitution.

I

In 1975, Robert Patrick Powell was convicted in the State of Washington for first degree murder. Following a jury trial, Powell was sentenced by the trial judge to life imprisonment with the possibility of parole.

*712At the time Powell was convicted, Washington law…

2Cases cited8 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. Dobbert v. FloridaSupreme Court of the United States · 1977
  3. In the Matter of Personal Restraint of PowellWashington Supreme Court · 2004
  4. Kenneth D. Oxborrow, Petitioner-Appellee/cross-Appellant v. Kenneth O. Eikenberry, Norman Carlson, Respondents-Appellants/cross-AppelleesCourt of Appeals for the Ninth Circuit · 1989
  5. Creech v. AraveCourt of Appeals for the Ninth Circuit · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Russell v. GregoireCourt of Appeals for the Ninth Circuit · 1997
  2. David L. Murtishaw v. Jeanne Woodford, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2001
  3. Christopher C. Little v. Jacqueline Crawford Frankie Sue Del PapaCourt of Appeals for the Ninth Circuit · 2006
  4. State v. McCarthyCourt of Appeals of Washington · 2002
  5. Gentry v. SinclairDistrict Court, W.D. Washington · 2008

14 more not listed; retrieve them via the Exa API.

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