Legal Opinion

Biggs v. Secretary of the California Department of Corrections & Rehabilitation

Court of Appeals for the Ninth Circuit

Decided May 29, 2013No. 11-18021PublishedCited by 5 opinions

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…

2Cases cited25 opinions

  1. Harrington v. RichterSupreme Court of the United States · 2011
  2. Bell v. ConeSupreme Court of the United States · 2002
  3. Lindh v. MurphySupreme Court of the United States · 1997
  4. Yarborough v. AlvaradoSupreme Court of the United States · 2004
  5. Ylst v. NunnemakerSupreme Court of the United States · 1991

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3Cited by5 opinions

  1. Gilman v. BrownDistrict Court, E.D. California · 2014
  2. Gresham v. PickerDistrict Court, E.D. California · 2016
  3. Borchers v. Arizona Department of CorrectionsDistrict Court, D. Arizona · 2022
  4. Jeffrey Biggs v. Secretary of CaliforniaCourt of Appeals for the Ninth Circuit · 2013
  5. O'Hailpin v. Hawaiian Airlines, Inc.District Court, D. Hawaii · 2022

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