Legal Opinion
State Ex Rel. Carper v. West Virginia Parole Board
West Virginia Supreme Court
Decided December 14, 1998No. 25184PublishedCited by 25 opinions
1Opinion of the Court
STARCHER, Justice:
In the instant case, we review the retroactive application of a 1997 statutory amendment authorizing increased periods of time between parole hearings for prisoners serving “life” terms of imprisonment with the possibility of parole. We conclude that this retroactive application does not facially violate the constitutional prohibition against ex post facto laws, if the amendment is narrowly applied on a case-by-case basis, with appropriate safeguards.
I
Facts and Background
In 1997 the West Virginia Legislature enacted an amendment to our parole law, W.Va.Code, 62-12-13, that…
2Cases cited33 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Oregon v. HassSupreme Court of the United States · 1975
- California Department of Corrections v. MoralesSupreme Court of the United States · 1995
- Lynce v. MathisSupreme Court of the United States · 1997
- Warden v. MarreroSupreme Court of the United States · 1974
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3Cited by25 opinions
- State v. MullensWest Virginia Supreme Court · 2007
- Carvey v. West Virginia State Board of EducationWest Virginia Supreme Court · 1999
- State ex rel. Gordon v. McBrideWest Virginia Supreme Court · 2006
- State Ex Rel. Stollings v. HainesWest Virginia Supreme Court · 2002
- SER Margaret L. Workman v. Mitch Carmichael, as President of the SenateWest Virginia Supreme Court · 2018
20 more not listed; retrieve them via the Exa API.