Biggs v. Secretary of the California Department of Corrections & Rehabilitation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
BYBEE, Circuit Judge:
After Jeffrey J. Biggs was convicted of murder and sentenced to twenty-five years to life in prison with the possibility of parole, California amended its constitution to give the Governor authority to review parole-board decisions for prisoners convicted of murder. Cal. Const, art. V, § 8(b). The parole board subsequently found Biggs suitable for parole, but then-Governor Arnold Schwarzenegger reversed the parole board’s decision. Biggs claims that retroactive application of the interim change to the California Constitution violates the Ex Post Facto Clause of the…
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